As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated.
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee and/or 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 a public entity, whether or not compensated, but shall
not include the Sheriff of any county or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
GOVERNING BODY
The board or body in which the general legislative, governmental
or public powers of the public entity are vested and by authority
of which the business of the public entity is conducted.
PUBLIC ENTITY
A county, city, town, village or any other political subdivision
or civil division of the state, a school district, board of cooperative
educational services or any other governmental entity or combination
or association of governmental entities operating a public school,
college, community college or university, a public improvement or
special district, a public authority, commission, agency or public
benefit corporation or any other separate corporate instrumentality
or unit of government, but shall not include the State of New York
or any other public entity, the officers and employees of which are
covered by § 17 of the Public Officers Law or by defense
and indemnification provisions of any other state statute taking effect
after January 1, 1979.
The provisions of this article shall apply to
any public entity:
A. Whose governing body has agreed by the adoption of
local law, bylaw, resolution, rule or regulation to confer the benefits
of this article upon its employees and to be held liable for the costs
incurred under these provisions; or
B. Where the governing body of a municipality for whose
benefit the public entity has been established has agreed by the adoption
of local law or resolution to confer the benefits of this section
upon the employees of such public entity and to be held liable for
the costs incurred under these provisions.
The duty to defend or indemnify and save harmless
prescribed by this article shall be conditioned upon delivery by the
employee to the chief legal officer of the public entity or to its
chief administrative officer of a written request to provide for his
defense, together with the original or a copy of any summons, complaint,
process, notice, demand or pleading, within ten (10) days after he
is served with such document and the full cooperation of the employee
in the defense of such action or proceeding and in defense of any
action or proceeding against the public entity based upon the same
act or omission and in the prosecution of any appeal.
The benefits of this article shall inure only
to employees as defined herein and shall not enlarge or diminish the
rights of another party nor shall any provision of this section be
construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
This article shall not in any way affect the
obligation of any claimant to give notice to the public entity under
Section 10 of the Court of Claims Act, § 50-e of the General
Municipal Law or any other provision of law.
Any public entity is hereby authorized and empowered
to purchase insurance from any insurance company created by or under
the laws of this state or authorized by law to transact business in
this state against any liability imposed by the provisions of this
article or to act as a self-insurer with respect thereto.
All payments made under the terms of this article,
whether for insurance or otherwise, shall be deemed to be for a public
purpose and shall be audited and paid in the same manner as other
public charges.
The provisions of this article shall also be
applicable to any public library supported in whole or in part by
a public entity whose governing body has determined by adoption of
a local law, ordinance, bylaw, resolution, rule or regulation to confer
the benefits of this article upon the employees of such public library
and to be held liable for the cost incurred under these provisions.
The benefits of this article 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.