The purpose of this chapter is to provide legal and financial protection
for individuals serving the Town of Wallkill from lawsuits 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 recognizes that the County of Orange, as well as other towns in
New York State, and the State of New York have enacted similar provisions
for the legal and financial security of their officers and employees and that
such security is also necessary and desirable 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 Wallkill 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 county and state employees, so as to continue to attract qualified
individuals to local government service.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Town of Wallkill, whether or not compensated, or a volunteer
expressly authorized to participate in a town sponsored volunteer program,
but shall not include an independent contractor. The term "employee" shall
include a former employee, his estate or judicially appointed personal representative
and shall also include a member of any board or agency appointed by the Supervisor
and/or Town Board.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Supervisor, by the employee, of
the original or a copy of any summons, complaint, process, notice, demand
or pleading within five days after he is served with the same and the full
cooperation of the employee in the defense of such action or proceeding 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.
The benefits of this chapter shall 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 provision of the Workers' Compensation Law.
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.
[Amended 9-13-2001 by L.L.
No. 4-2001]
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted and the amount
of any such judgment or order obtained against such employee, or the amount
of any town-approved settlement, for which the town will indemnify and save
harmless an employee consistent with this section, including any amounts designated
as compensatory, special, punitive or other damages, including sanctions,
fines, costs and attorney fees.
Except 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 of Wallkill or any right to
defense and/or indemnification 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.