The New York State Legislature has enacted legislation
permitting public entities, including towns, to provide for the defense
and indemnification of officers and employees of the Town. This chapter
implements that concept and the statutory intent set forth in Article
2, § 18, of the Public Officers Law of the State of New
York.
As used in this chapter, 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 the Town of Seneca Falls, Seneca County, New York (hereinafter
referred to as "the Town"), whether or not compensated. The term "employee"
shall include a former employee, his or her estate or judicially appointed
personal representative.
TOWN ATTORNEY
Either the "Town Attorney," as such term is defined by § 20,
Subdivision (2)(a), of the Town Law of the State of New York, or,
if no such office exists, the "attorney for the Town" appointed by
resolution of the Town Board of the Town.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon:
A. Delivery by the employee to the Town Attorney and
to the Town Clerk of the Town of a written request to provide for
his or her defense, together with the original or a copy of any summons,
complaint, process, notice, demand or pleading, within 10 days after
he or 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 the Town based upon the same act or omission and in the prosecution
of any appeal.
The benefits of this chapter 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 chapter
be construed to affect, alter or repeal any provision of the Worker's
Compensation Law.
This chapter shall not in any way affect the
obligation of any claimant to give notice to the Town under § 10
of the Court of Claims Act, § 50-e of the General Municipal
Law or any other provisions of law.
The Town 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 chapter or to act as a self-insurer with respect thereto.
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.
Except 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 to liability available to or conferred upon any unit, entity,
officer or employee of the Town by, in accordance with or by reason
of any other provision of state or federal statutory or common law.
Except as otherwise provided in this chapter,
benefits accorded to employees under this chapter shall supplement
and be available in addition to defense or indemnification protection
conferred by any other enactment of the Town Board of the Town or
common law. Notwithstanding anything contained herein to the contrary,
the Town shall be entitled to contribution and/or indemnification
by the employee and/or other agency in the event that such other agency
is also obligated to provide a defense for the employee and/or pay
any sums of money by way of indemnification and/or judgment or award.
The provisions of this chapter shall apply to
all actions or proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this chapter.