[HISTORY: Adopted by the Town Board of the Town of North
Collins 4-3-1996 by L.L. No. 1-1996 (Ch. 9 of the 1991 Code). Amendments
noted where applicable.]
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Town, but 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.
Town of North Collins.
A.
Upon compliance by the employee with the provisions of § 15-3, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties or which is brought to enforce a provision of Title 42 of the United States Code. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Town against the employee.
B.
Subject to the conditions set forth in this chapter, the employee
shall be represented by an attorney employed or retained by the Town
for the defense of the employee. Reasonable attorney's fees and
litigation expenses shall be paid by the Town or the Town's insurer
to such attorney employed or retained, from time to time, during the
pendency of the civil action or proceeding, subject to certification
by the Town Board that the employee is entitled to representation
under the terms and conditions of this chapter. Payment of such fees
and expenses shall be made in the same manner as payment of other
claims and expenses of the Town. Any dispute with respect to representation
of multiple employees or by an attorney employed or retained for such
purposes or with respect to the amount of the fees or expenses shall
be resolved by the court.
C.
Where the employee delivers process and a request for a defense to the Town Supervisor as required by § 15-3, the Town Board shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.
The duties to defend provided in this chapter shall be contingent
upon delivery to the Town Supervisor of the original or a copy of
any summons, complaint, process, notice, demand or pleading within
five days after the employee is served with such document and the
full cooperation of the employee in the defense of such action or
proceeding and defense of any action or proceeding against the Town
based upon the same act or omission and in the prosecution of any
appeal. Such delivery shall be deemed a request by the employee that
the Town provide for his defense pursuant to this chapter, unless
the employee shall state, in writing that a defense is not requested.
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 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 obtained by the Town or any other entity for
the purpose of providing the cost of such defense and indemnification
called for by this chapter.
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 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.
