The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Town of Hamptonburgh from losses which may
result from legal action 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 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.
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 Hamptonburgh, whether or not compensated, or
a volunteer expressly authorized to participate in a municipally 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.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Town Attorney or attorney for the
town, at his office, 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 such document and upon the full cooperation of the employee in
the defense of such action or proceeding and in defense of any action or proceeding
against the state 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.
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.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted.
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 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.