Town of Crawford, NY Chapter 14 Defense and Indemnification

[HISTORY: Adopted by the Town Board of the Town of Crawford 12-8-1988 by L.L. No. 5-1988.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law was originally designated as Ch. 12 of the Town Code but has been redesignated as Ch. 14.

§ 14-1 Legislative intent.

By the enactment of this chapter, the Town Board, on behalf of the Town of Crawford, has agreed to confer the benefits of § 18 of Article 2 of the New York Public Officers Law upon the employees (as defined in § 14-2 below) of the Town of Crawford and has agreed to be held liable for the costs incurred under the provision of such § 18. By enactment of this chapter, the Town Board does not intend to limit or otherwise affect any other right of any employee to or any other responsibility or obligation of the Town for indemnification or legal defense.

§ 14-2 Definitions.

As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:

EMPLOYEE

Any member of a public board or commission, 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 the Town of Crawford, whether or not compensated. The term "employee" shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.

§ 14-3 Conferral of benefits.

The Town of Crawford hereby confers upon its employees all of the benefits provided by § 18 of Article 2 of the New York State Public Officers Law, and the Town shall be liable for all of the costs incurred under the provisions of such § 18. All of the provisions of Subdivisions 3 through 12 of such § 18 are incorporated by reference herein and made a part of this chapter.

§ 14-4 Applicability.

The provisions of this chapter shall apply to all actions and proceedings instituted after the effective date hereof.

§ 14-5 Interpretation.

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.