The Town Board hereby adopts § 18 of the Public Officers Law
and confers the benefits thereof upon all town officers and employees.
The town shall provide for the defense of any town officer or employee
in civil action or proceeding arising out of any alleged act or omission in
which it is alleged that the officer or employee has violated the civil rights
of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the
United States Civil Rights Act. The town shall indemnify and save harmless
such officer or employee in the amount of any judgment or settlement of claim
obtained against such officer or employee. Such legal defense and indemnification
shall be provided where the officer or employee, at the time of such alleged
act or omission, was acting in good faith and within the scope of his or her
public employment, powers or duties. The provisions of this section shall
be in addition to any other statute, local law or enactment providing legal
defense and indemnification in civil actions brought against such officer
or employee.
As used in this chapter, the following terms shall have the meanings
indicated:
TOWN OFFICER OR EMPLOYEE
Any member of a public board or commission, officer, employee, volunteer
expressly authorized to participate in a publicly sponsored volunteer program
or any other person holding a position by election, appointment or employment
in the service of the Town of Horseheads. The term "town officer or employee"
shall not include an independent contractor. The term "town officer or employee"
shall include a former employee, the employee's estate or a judicially appointed
personal representative.