As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEE
Any Town commissioner, member of a Town board or commission, Town
officer, Town employee, Town volunteer expressly authorized by the Town to
participate in a publicly sponsored volunteer program, or any other person
holding a Town position by election, appointment or employment in the service
of the Town, whether or not compensated, but shall not include an independent
contractor. The term "employee" shall include a former employee of the Town,
his estate or judicially appointed personal representative.
The benefits of this chapter will inure only to employees as defined
herein and shall not enlarge or diminish the rights of any other party, nor
shall any provisions of this chapter be construed to affect, alter or repeal
any provisions of the Workers' Compensation Law.
The provisions of this chapter are not in any way intended to affect
the obligation of any claimant to give notice to the Town under § 50-e
of the General Municipal Law, or any other provision of law.
All payments made under the terms of this chapter, 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 chapter 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 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 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 benefits accorded to employees under this chapter shall be in lieu
of and take the place of defense or indemnification protections accorded the
same employees by another enactment, except Public Officers § 18,
it being the intention that the indemnification and defenses provided pursuant
to this chapter shall be coextensive with those provided under § 18
of the Public Officers Law.
The provisions of this chapter shall apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.
If any provision of this chapter or the application thereof to any person
or circumstance be held unconstitutional or invalid in whole or in part by
any court, such holding of unconstitutionality or invalidity shall in no way
affect or impair any other provisions of this chapter or the application of
any such provision to any other person or circumstance.
This chapter is adopted pursuant to the provisions of § 18
of the Public Officers Law of the State of New York and is intended to qualify
as a local law:
A. Conferring the benefits of § 18 upon the Town's
employees; and
B. Agreeing to be held liable for the costs incurred under
the provisions of § 18.