Pursuant to the authority of the General Municipal Law § 52
and the Town Law § 102 of the State of New York, the purpose of
this chapter is to provide for the legal defense of town officers, board members
and employees, in civil actions arising out of their public employment.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEES
Any person holding a position, by election, appointment or employment,
in the service of the town, but shall not include a volunteer or an independent
contractor. The term "employee" shall include a former employee, his estate
or judicially appointed personal representative.
TOWN
The Town of Perinton.
The duties to defend provided in this chapter shall be contingent upon
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 and the full cooperation
of the employee in the defense of such action or proceeding, and the 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.
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.
The provisions of this chapter shall apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.