[Adopted 10-8-1980 as L.L. No. 2-1980]
As used in this Article, unless the context
otherwise requires the following terms shall have the meanings indicated:
BOARD
The Town Board of the Town of Neversink.
EMPLOYEES
Any person holding a position by election, appointment or
employment in the service of the Town of Neversink, but shall not
include a volunteer, any person not compensated for his or her services
or an independent contractor. The term "employee" shall include a
former employee, his estate or judicially appointed personal representative.
TOWN
The Town of Neversink.
The duties to defend provided in this Article
shall be contingent upon delivery to the Town Attorney 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 the full
cooperation of the employee in the defense of such action or proceeding
and defense of any action or proceeding against the town based upon
the 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 Article, unless the employee shall state
in writing that a defense is not requested.
The benefits of this Article 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 Article
be construed to affect, alter or repeal any provisions of the Workers'
Compensation Law.
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.
The provisions of this Article 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 Article,
the provisions of this Article 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 Article shall apply to
all actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this Article.
[Adopted 4-14-2021 by L.L. No. 1-2021]
The purpose of this article is to supersede § 23 of the
Town Law and § 3, Subdivision 1, of the Public Officers Law in
order to broaden the residency requirements for the Town Attorney
of the Town of Neversink.
The Town Board may appoint any attorney licensed to practice
law in the State of New York and who resides in the County of Sullivan
as Town Attorney.