[Adopted 12-23-1968 by L.L. No. 1-1969]
The County of Tompkins shall assume the liability
to save harmless and protect the County Clerk and employees in the
County Clerk's office from financial loss arising out of any claim,
demand, suit or judgment by reason of alleged negligence of said County
Clerk or employees, provided that such act was committed in the discharge
of their duties and within the scope of their employment.
The County of Tompkins shall arrange for purchase
and maintain appropriate insurance with any insurance company authorized
to do business in the State of New York for coverage against such
liability.
[Adopted 5-20-1986 by L.L. No. 1-1986]
The New York State Legislature has enacted legislation
permitting public entities, including counties, to provide for the
defense and indemnification of officers and employees. The Tompkins
County Legislature, through prior legislation, has agreed in principle
to this concept. This article implements that concept.
As used in this article, the following terms
shall have the meanings indicated:
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, 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 Tompkins County, whether or not compensated, but
shall not include the Sheriff of the county or an independent contractor.
The term "employee" shall include a former employee, his/her estate,
or judicially appointed personal representative.
The duty to indemnify or hold harmless and defend
as prescribed by this article shall be conditioned upon:
A. Delivery by the employee to the County Attorney or
to the Chairman of the County Legislature of a written request to
provide for his/her defense, together with the original or copy of
any summons, complaint, process, notice, pleading or demand within
10 days after he/she is served with such document; and
B. The full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against Tompkins County 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 any other party, nor shall any provision of this article
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 Tompkins County under
§ 10 of the Court of Claims Act, § 50-e of the
General Municipal Law, or any other provision of law.
Tompkins County is hereby authorized and empowered
to purchase insurance from any insurance company created by or under
the laws of the State of New York, 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 not be
construed to impair, alter, limit, or modify the rights and obligations
of any insurer under any policy of insurance.
Except as otherwise specifically provided for
in this article, the provisions of this article shall not be construed
in any way to impair, alter, modify, abrogate, limit, or restrict
any immunity to liability available to or conferred upon any unit,
entity, office, or employee of Tompkins County by, in accordance with,
or by reason of any other provision of state or federal statutory
or common law.
Except as otherwise provided for in this article,
benefits accorded to employees under this article shall supplement
and be available in addition to defense or indemnification protection
conferred by any other enactment of the Tompkins County Legislature.