[HISTORY: Adopted by the Town Board of the Town of Fallsburg 5-20-1980 by Ord. No. 80-1 (Ch. 4 of the 1971 Code). Amendments noted where applicable.]
Officers and employees — See Ch. 48.
As used in this chapter, the following terms shall have the meaning indicated:
- An employee of the Town of Fallsburg.
- An officer of the Town of Fallsburg, whether elected or appointed.
- SCOPE OF EMPLOYMENT
- The performance of any act, duty or power in the furtherance of the interest of the Town of Fallsburg by an officer or employee and which is related to the duties of such officer or employee.
The Town of Fallsburg shall save harmless and indemnify any officer or employee of the Town from financial loss resulting from a claim filed in any court of competent jurisdiction for damages arising out of an act done or the failure to perform any act, provided such officer or employee, at the time of the alleged act or failure to perform any act, was acting in the performance of his or her duties and within the scope of employment.
The officer or employee shall deliver, within 10 days of the time he or she is served with any summons, complaint, process, notice, demand or pleading, the original or a copy thereof to the Town Attorney, and request the Town Attorney to assume control of his or her representation. The Town Attorney, upon receipt of any such summons, complaint, process, notice, demand or pleading, may assume control of the representation of the officer or employee. Upon assuming such control, the officer or employee shall cooperate fully with the Town Attorney.
At any time during the proceedings, if the Town Attorney feels that because of the nature of the claim, or the possibility of a conflict of interest between the officer or employee and the Town, or for any other appropriate reason that special or independent counsel should be retained, he or she may request the Town Board to appoint special or independent counsel to defend or assist in the defense of the officer or employee.
Upon such request, the Town Board may appoint such special or independent counsel as may be appropriate.
This chapter shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.
The benefits of § 7-2 of this chapter shall inure only to officers and employees of the Town and shall not enlarge or diminish the rights of any other party.
This chapter shall apply with respect to claims arising on or after the effective date of this chapter.