[HISTORY: Adopted by the Town Board of the Town of Ramapo 7-9-1980 by L.L. No. 2-1980. Amendments noted where applicable.]
[Added 1-26-2000 by L.L. No. 1-2000]
The Town Board of the Town of Ramapo recognized the increasing litigation exposure faced by public employees in 1980 and conferred the defense benefits contained in § 18 of the Public Officers Law on Town of Ramapo employees by adoption of Local Law No. 2-1980. The Town Board wishes to provide additional indemnification and defense protection pursuant to law by amendment of that local law.
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, including any Town auxiliary policemen. Other than a Town auxiliary policeman, who shall be considered an employee under this section, "employee" shall not include a volunteer, any person not compensated for his services or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
[Amended 4-12-1989 by L.L. No. 6-1989]
TOWN
The Town of Ramapo.
[Added 1-26-2000 by L.L. No. 1-2000[1]]
The full benefits of § 18 of the Public Officers Law regarding defense and indemnification shall apply to all employees of the Town as defined in § 9-2 above.
[1]
Editor's Note: This local law also repealed original §§ 15-2, Defense authorized; representation by attorney, and 15-3, Contingencies.
[Added 1-26-2000 by L.L. No. 1-2000]
The Town will provide for the defense of any Town employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the United States Civil Rights Act. The Town shall indemnify and save harmless such employee in the amount of any judgment or settlement of claim obtained against such officer or employee, including punitive and exemplary damages. Such legal defense and indemnification shall be provided where the employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties.
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 provision of this chapter be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.
The benefits of this chapter 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 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 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 chapter shall apply to all actions and proceedings specified herein pending or which shall have been commenced or instituted on or after the effective date of this chapter.