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LL 08 Indemnification 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 include matter being eliminated and do not use italics or underlining to indicate new matter. �n of.............QUEENSBURY................................................................................. LocalLaw No.....................R.................................... of the year 19 .. ....... Al ocal law ......PROVIDING FOR THE DEFENSE AND INDEMNIFICATION OF TOWN ........................................................ .... .................................................. . ......................................... (teaert title) OFFICERS AID EMPLOYEES Be it enacted by the TOWN BOARD .............................. of the ............................................................................................................ (Name of Letleladve Body) of..................QUEENSBURY. as follows: ...................................................................................... SECTION 1. As used in the 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 include a former employee, his estate or judicially appointed personal representative. (b) The term "town" shall mean the Town of Queensbury SECTION 2. (a) Upon compliance by the employee with the provisions of section 3 of this local law, the Town shall provide for the defense and indemnification of the employee in any civil action or proceeding in any state or federal court arising out 'Of enyalleged 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 proceeding 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 employed 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 1 (3) a court of competent jurisdiction 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 employed 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. ImIf additional space is needed, please attach sheets of the same as this and number each)'n Page 1 f. c (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 judgment, pending resolution of any question relating to the obligation of the Town to provide a defense. SECTION 3. The duties to defend and indemnify provided in this local law shall be contingent upon (a) delivery to the Town Attorney 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 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 local law, unless the employee shall state in writing that a defense is not requested. SECTION 4. The benefits of this local law will inure only to employees as definded herein and'shall not enlarge or diminish the rights of any other party nor shall any provisions of this local law be construed to affect, alter or repeal any provisions of the Workers' Compensation Law, SECTION 5. The benefits of this local law shall be entended 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. SECTION 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. SECTION 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 of employee by, in accordance with, or by reason, any other provision of state or federal statutory or common law. SECTIO14 8. The provisions of this local law shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this local law. SECTION 9. (a) The Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties; provided further that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board. (b) Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this subdivision shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. (c) Nothing in this subdivision shall authorize'the Town to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines, or penalties, or money recovered from an employee pursuant to section fifty-one of the general municipal law; provided, however, that the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States. (d) Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified registered mail within thirty days of the date of entry or settlement, upon the Town Supervisor; and if not inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid by the Town. SECTION 10. This local law shall take effect immediately upon filing in the office of the Secretary of State. SECTION 11. Local Law Number 1 of 1981 for The Town of Queensbury shall be repealed as of the effective date of this Local Law. Page 2 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. ....P...........of 19..P.6. fitaaAkw of the 6XII of ..QUEENS$URY,,.. was duly passed by the ................T014N„.BOARD.. Town "' IFffMLX (Name of Legislative Body) on.........Au uSt Zh.x. „.,. 19.1.� in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval,) I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........ County City ' ofthe of......................................was duly passed by the .................................................................................. Town Village (Name of Legislative Body) 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, 3, (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19.......... County of the City of....................... Town ...............was duly passed by 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. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19.......... County of the City of was duly passed by the................................................................................on Town ...................................... (Name of Legislative Body) Village not disapproved ................................................... .. 19........ and was approved by the .........................................................on repassed after disapproval Elective Chief Executive Officer* ..................................................I...........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 county legislative body,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. Page 3 5. (City local law concerning Charter re-,ision proposed by petition.) I hereby certify-that the local 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 qualified electors of such city- voting thereon at the special election held on .................................. general ................19............became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions S and 7 of Section 33 of the h4uni- cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1" 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 ..........1................ above. Clerk of the County legislative body,City,Town or Vi a Clerk or officer designated by local legislative bod Date: August 26, 19P6 (Seal) (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.............. ARREN ........................ 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. . . . . . . . . . . . . . . . . . . . Signature TOWN COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title Date: August 26 , 19P6 &"Y of..............QUEENSBURY VilXMl ge Page 4 NYS Department of State Bureau of State Records 162 Washington Avenue a Albany, NY 12231 � Darleen M Dougher Town Clerk Tam of Queensbury Town Office wilding Bay At Haviland Roads Queensbury, NY 12801 Date 12/11/86 Dear Sir/Madam: 1 0- Please be advised that Local Law(,,)No _8 _ of 19 66 of the TownPOf Owensbigy was/were received and filed on 1012 ft Additional forms for filing local laws with this off ce wil! he forwarded upor request. NYS Department of State Bureau of State Records 383602-004(12/82) / . waft OWIt TO BA.�Y • T 17 «b W Y 1 N � s cu � i •• Q,,, O N Q C M a V (Qj el ate ; — t t40 ta �� - �� VIM- � TO ' TQWN QF UEENSBURY-TOWN CLERK BAY AT HAVII :o.9oK a QUEENSBURY N.Y. I2801 � ,st�o,,anei tt�► IN Cow it M 1,2,31 and♦. Put your add+rea in the"RETURN TO"Mace on the reverse shfa,failure to do this will"vent.Mir card from being retww and to you.The rMM raeaiot wilt provide you tM n�na of tM Bt delivered to Said dea of gwgN=.rOradditieMlfM 0610110wir MVIC SSM evadable.t omult paeunotar for fas and aback box(W .for eeevicele)ro*mto . 7. ❑ show to whoop,daa and addnta of ddkwV. 2. ❑ Fiat riead Oetivery. 3. Article AddreMed to: NYS Dept. of State Bureau of State Records 162 Washington Ave. Albany, N.Y. 12231 4. Type of Service: Article Number 13 o co D r°d P394 515 214 Certified ❑CO Express Mail Always obtain siynatu- Noxalwt and PAIE QELIV X.signaare 4iv t=ra o f sun s. Signature—Agent,,,, .- 7. MM of 00fivery ; 8 Addremmeaft Address t� m boa . • R'WausWE „ ��t�wr• ueE,�oaiv�rE To TOWN OF SBY TOWN CLERK Y ST HAVILAND RDS. �d ibi,P.O.�Oot or R.Q UEENSrRY NEW Y K 12801 , SENDER: Compiata items 1,2,3 and 4. Put your address in the"RETU FIN TQ^,space on the , 3 reverse side.Failure to do this will pr.v t•this card,from being returned to you,The return raceiot tee will or • ou the name of the per;pn,daliwred ta.and the gala d iv tr,for Wtlittonai fees the following services ary evaitabla:Comult postmaster for fees and cbecla box(es) C for servica(s)regoasted. 1. ❑ Show to whom,date and address Of defivvy. 2. ❑ Restricted DNiwry. v j 3. Article 1Addrrened t 1 /� 4. Type of Service: Article Number ❑ Aegistered ❑ lnwmd p ' ��a 3� .®'Certified ❑COD ❑ Express Mail Always obtain signature of addresseeg agent and DATE DELIVERED. S. Signature— • X B. Signature—Aprit—�\ 8=6 F! X 7. Deft of DelWy a8. Addramn's Addnsss 7D m A m b -f TOWN OF SBY .. WTUNN lro Q TOWN CLERK MY AT HAVI ROS: Na and ApL,h12%P.O.•ooi o►R.D.No. •�1ab�,and ZIP t;oda) . . � - - z 00 . - lit . a A t - a! q � ¥ �I ■2&f $ 4 \ � � � �� . - 4 ©ƒ cr . - . o � � � � �• � � t OO_ t 9-6� 7 7} q 1:11 G® -8§ I § ( ■ /2§ O O < I- ccw a s 2 ) $ 9 w 6 B O O «o Ad x x R , . .. � PS Owen 3Mt Ady100 447-846 . . DOMMM■ETURN RECEIPT