LL 01 Defense of Town Officers & Employees (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not
use italics for new matter.
�+ �}0{X Queens` , Warren County,Nc�a Yor}t...............................
Town
of.........................1?tu...... .....
maw .
Local Law No. ....................................I................... of the year 1981.........
A local law ....Prot'.iding...far....the...d.e;£ens-e... and employees . .........
tlneert title)
Be it enacted by the Town Board ............................. of the
....................................................................
(Name of Legislative DAY)
of.............Queens}.xlxy, Warren Countyx..New York................................................,........... as follows:
Town
Section 1 . As used in this local law, unless the context otherwise
requires: (a) the term "employees" shall mean 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
ir-.clude a former employee, his estate or judicially appointed personal
representative. (b) The term "town" shall mean the Town of Queenshury.
§ 2 . (a) Upon compliance by the employee with the provisions of section
3 of this local law, 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.
Such defense shall not be provided where such civil action or proceed-
ing is brought by or on behalf of the Town.
(b) Subject to the conditions set forth in this local law, the
employee shall be represented by the town attorney or an attorney em-
ployed or retained by the Town for the defense of the employee. The
town board shall employ or retain an attorney for the defense of the
employee whenever (1) the Town does not have a town attorney, (2) the
Town Board determines based upon its investigation and review of the
facts and circumstances of the case that representation by the Town
attorney would be inappropriate or (3) a court of competent jurisdic-
tion determines that a conflict of interest exists and that the employee
cannot be represented by the town attorney. Reasonable attorney' s fees
and litigation expenses shall be paid by the Town to such attorney em-
ployed or retained, from time to time, during the pendency of the civil
action or proceeding subject to certification by the Town Supervisor
that the employee is entitled to representation under the terms and
conditions of this local law. 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 by the Town attorney 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.
(lf additional space is needed, please attach sheets of the same size as this and number each)
A
i
(c) Where the employee delivers process and a request
for a defense to the Town Attorney or the Town Supervisor as
required by section 3 of this local law, the Town Attorney
or the Supervisor, as the case may be , shall take the necessary
steps including the retention of an attorney under the terms
and conditions provided in paragraph (b) of this section on
behalf of the employee to avoid entry of a default judgncent,
pending resolution of any question relating to the obligation
of the Town to provide a defense.
§ 3 . The duties to defend provided in this local law shall be
contingent upon (a) delivery to the Town Attornev or, if none,
to the Town Supervisor of the original or a copy of any summons,
complaint, process, notice, demand or pleading within five days
after he is served with such document and (b) the full coopera-
tion of the employee in the defense of such action or proceed-
ing and defense of any action or proceeding against the Town
based upon the same act or omisson, 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
local law, unless the employee shall state in writing that a de-
fense is not requested.
§ 4 . The benefits of this local law will inure only to em-
ployees as defined herein and shall not enlarge or diminish
the rights of any other party nor shall any provision of this
local law be construed to affect, alter or repeal any provisions
of the Workers' Compensation Law.
S 5. The benefits of this local law shall he 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.
S 6. The provisions of this local law shall not be construed
to impair, alter, limit or modify the rights and obligations of
any insurer under any policy of insurance.
§ 7. As otherwise specifically provided in this local law,
the provisions of this local law 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, any other provision of state or federal statutory
or common law.
§ 8 . The provisions of this local law shall apply to all actions
and proceedings specified herein which have been commenced , in-
stituted or brought on or after the effective date of this local
` law.
,f
§ 9. This local law shall take effect immediately upon filing
in the office of the Secretary of State.
-2-
fGomplete the certification in the paragraph which applies to the filing of this local law and strike out the
f.
matter therein which is not applicable.)
(Final adoption by local legislative body only.)
1. 1 hereby certify that the local law annexed hereto, designated as local law No. ......... .......of 19.e/.
of the Cam' of.... . h ....... was duly passed by .............` .. -.................... .....................
Town (Name of Legislative$ody)
Vi}lege
on................................................19........ in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2 I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
of the City of......................................was duly passed b
Town Y P y............................................................................................
(Name of Legislative Body)
Village
not disapproved
on ...........19........ and was approved by the ....................,..................................
repassed after disapproval Elective Chief Executive Officer
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law..
(Final adoption by referendum.)
3. 1 hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
of the Town of ty ......................................was dulypassed b the
(Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Executive Officer
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory referendum and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final adoption because no valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe Town of...................................... was duly passed by the................................................................................on
(Name of Legislative Body)
Village ` not disapproved
..................................................... 19........ and was approved by the.........................................................on
.
repassed after disapproval Elective Chief Executive Officer
..............................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......., in accordance with the applicable provisions of law.
-Elective Chief Executive Officer means or includes the chief executive officer of a county elected
on a county-wide basis or if there be none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
local lam concerning Charter revision proposed by pt.tition.)
�. 1 hereby certify that the lo;al law annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 37 of the [Municipal Home Rule Law and having received the affirmative vote of a majority
of the qualifi.d electors of such city voting thereon at the special election held on the .......................
general """""'
................ 19 ............became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.................(......... above.
Clerk of the Board of Supervisors.City.Town or Village Cirrk or Officer
designated by focal Legislative Boar
Date: ^'
meal}
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF......... ....................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
k-. !_ J
...... . ........r.. .Q J......................
(Title f Officer) �OW pl J E L
County
C�tY of.........ck � ...................
Town
V-rH�"ge
Dated: CH t` ' f
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UNITED STATES PO �SEA'
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1. The following service is requested(check one.)
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PENALTY FOR PRIVATE
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❑ RESTRICTED DELIVERY
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DEPARTMENT OF STATE
STATE RECORDS & LAW BUREAUi'`�
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231 m
Mr . Donald A. Chase/Town Clerk
TOWN OF QUEENSBURY
Town Office Bldg.
Bay & Haviland Rds . , R.D. 1
Glens Falls, NY 12801
DATE: April 21, 1981
Dear Sir/Madam:
Please be advised that Local Law (s) No. 1
of-i-q-&Lof the Tnwn of tie ens bury
was/were received and filed on AD it 17,, 1981
Additional forms for filing local laws with this office will be
forwarded upon request.
Sincerely yours,
geaArice S. Frederick
supervisor of Miscellaneous
State Records
BSF/bh
G224-093 (4/80)