The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Town of
Colonie from losses which may result from legal actions which may
be brought against them in their individual capacity for actions taken
while in the performance of their official duties and responsibilities.
In enacting this chapter, the Town Board finds that the State of New
York has enacted similar provisions for the legal and financial security
of its officers and employees and further finds that such security
is also required for local personnel. By enactment of this chapter,
the Town Board does not intend to limit or otherwise abrogate any
existing right or responsibility of the Town of Colonie or its employees
with regard to indemnification or legal defense. It is solely the
intent of this chapter to provide similar coverage for local employees
as is presently provided for state employees, so as to continue to
attract qualified individuals to local government service.
[Amended 1-26-1995 by L.L. No. 3-1995]
As used herein, the following words shall have
the meanings below set forth:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town, but shall not include an independent
contractor. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
TOWN
The Town of Colonie.
The benefits of this chapter will inure only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party, nor shall any provision of this chapter
be construed to affect, alter or repeal any provisions of the Workers'
Compensation Law.
The benefits of this chapter shall be extended
to an employee of a negotiating unit for which an agreement has been
negotiated pursuant to Civil Service Law Article 14 only if such agreement
expressly so provides.
The provisions of this chapter shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
As otherwise specifically provided in this chapter,
the provisions of this chapter shall not be construed in any way to
impair, alter, limit, modify, abrogate or restrict any immunity available
to or conferred upon any unit, entity, officer or employee of the
Town or any right to defense provided for any governmental officer
or employee by, in accordance with or by reason of any other provision
of state or federal statutory or common law.
Restrictions shall be as follows:
A. Delivery to the Town Attorney or, if none, to the
Town Supervisor of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after the employee
is served with such document.
[Amended 1-26-1995 by L.L. No. 3-1995]
B. The full cooperation of the employee in the defense
of such action or proceeding and defense of any action or proceeding
against the Town based upon the same act or omission and in the prosecution
of any appeal. Such delivery shall be deemed a request by the employee
that the Town provide for his defense pursuant to this chapter, unless
the employee shall state, in writing, that a defense is not requested.
[Amended 1-26-1995 by L.L. No. 3-1995]
The provisions of this chapter shall apply to
all actions and proceedings specified herein which are pending on
the effective date of this chapter or are commenced, instituted or
brought on or after the effective date of this chapter.