HomeMy WebLinkAboutSection 07 SECTION
7
LOCAL LAW NO. 1 FOR THE YEAR 1980
A local law providing for the defense of town officers and
employees .
Be it enacted by the town board of the town of Newfield, New
York, as follows :
Section 1. As used in this local law, unless the context other-
wise 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 Newfield, New York.
Section 2 . (a) Upon compliance by the employee with the pro-
visions 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 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
•bfense 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 representa-
tion by the town attorney would be inappropriate or (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 .
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(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 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 documents and (b) the full cooperation of the employee in
the 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 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.
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1
Section 5. The benefits of this local law shall be extended to an
employee of a negotiating unit for which an agreement has been negoti-
ated 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 con-
strued 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 or employee by, in accordance with, or by reason, any other
provision of state or federal statutory or common law.
Section 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. This local law shall take effect immediately upon
filing in the office of the Secretary of State.
AhdT4 ,'
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STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
December 1, 2014
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law 3 & 4 2014, filed on November 25, 2014
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
DEC — 2014
WWW.DOS.NY.GOV • E-MAIL:INFO @DOS.NY.GOV
TOWN OF NEWFIELD
Karen Miller Kenerson, RMC
TOWN CLERK
166 MAIN ST.
NEWFIELD NY 14867
PHONE: 607-564-9981 FAX: 607-564-7329
November 19, 2014
At the regular meeting of the Newfield Town Board held on Thursday November
13, 2014, motion was made by Councilperson Trask to approve Resolution No.
34-2014 for the adoption of Local Law No. 4 of 2014 to amend Local Law No. 1
of 1980 which provides for defense of town officers and employees, and
seconded by Councilperson Laughlin.
LOCAL LAW NO. 4 FOR THE YEAR 2014
A local law amending Local Law #1 for the year 1980 which provides for
the defense of town officers and employees.
Be it enacted by the town board of the Town of Newfield, New York, as
follows:
Section 1. Purpose and Findings. Local Law #1 for 1980 does not
include planning board members within the definition of employees to be
defended and indemnified. The purpose of this Amendment is to add duly
appointed planning board members as "employees" subject to being defended
and indemnified under that law.
Section 2. Amended Definition of Employees. Section 1 of Local Law #1
of 1980 shall now read as follows:
Section 1. As used in this local law, unless the context
otherwise requires: (a) the term "employee" 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 or her
serves or an independent contractor; provided, however, that
a duly appointed member of the planning board shall be
included as an `employee' regardless of whether he or she is
compensated. The term "employee" shall include a former
employee, his or her estate or judicially appointed personal
representative; (b) the term "town" shall mean the town of
Newfield, New York.
Section 3. Except as above amended, all other provisions of Local Law
#1 for the year 1980 shall remain in full force and effect.
Section 4. This local law shall take effect immediately upon filing in the
office of the Secretary of State.
This Local Law shall take effect immediately upon filing with the Secretary of
State.
Vote: AYES 5 Hart, Trask, James, Laughlin and Powers
NAY 0
Carried
I, Karen Miller Kenerson, Town Clerk for the Town of Newfield, Tompkins
County, New York, do certify that the above is a true copy of a Resolution No.
34-2014 approving the adoption of Local Law No. 4 of 2014 made by the Town
Board for the Town of Newfield at a regular meeting held on Thursday,
November 13, 2014
i<CULP-An Mid te-1
Karen Miller Kenerson November 19, 2014
Town Clerk
III
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a 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.
❑County ❑City ®Town []Village
(Select one:)
of Newfield
I ,
Local Law No. 4 of the year 20 14
Alocallaw AMENDING LOCAL LAW NO. 1 of 1980 WHICH PROVIDES FOR THE DEFENSE OF
(Insert Tide)
TOWN OFFICERS AND EMPLOYEES
Be it enacted by the Town Board of the
(Name of Legislative Body)
['County ❑City ®Town []Village
(Select one:)
of Newfield as follows:
Be it enacted by the town board of the Town of Newfield, New York as follows:
Section 1. Purpose and Findings.Local Law #1 for 1980 does not include planning
board members within the definition of employees to be defended and indemnified.
The purpose of this Amendment is to add duly appointe planning board members as
"employees" subject to being defended and indemnified under that law.
Section 2. Amended Definition of Employees. Section 1 of Local Law # 1 of 1980
shall now read as follows:
Section 1. As used in this local law, unless the context otherwise
requires: (a) the term "employee" 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 or her services or an independent contractor, provided, however, that
duly appointed member of the planning board shall be included as an
"employee" regardless of whether he or she is compensated. The term
"employee" shall include a former employee, his or her estate or
judically appointed personal representive ; (b) the term "town" shall
mean the town of Newfield, New York.
Section 3. Except as above amended, all other provisions of Local Law #1 for the
year 1980 shall remain in full force and effect.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-023941 (Rev.06/12) Page 2 of 4
Town of Newfield, New York page 2
T ---.1 Law #4 of 2014
Section 4. This local law shall take effect immediately upon on p filing with the
Secretary of State
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 4
the(County)(City)(Town)(ViIlage)of Newfield of 20 14 of
Town Board-- was duly passed by the
(Name of Legislative Body) on l ov.. 13 20 14 , in accordance with the applicable
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
the(County)(City)(Town)(Village)of of of
was duly passed ssed b by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the
(Elective Chief Executive Officer, and was deemed duly adopted
on 201 1 1, in accordance w ith 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 20 of
the(County)(City)(Town)(Village)of
was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer«)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(ViIlage)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer")
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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 chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-fa (Rev.06/12)
Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
he City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
he 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)(general)election held on 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal 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 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.)
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 county egis ative body,C ,Town or Vi lage Cle or
officer designated by local legislative body
(Seal) Date: __-Nov.,ember1-9—_. L4------------------
Page 4 of 4
DOS-02394-1 (Rev.06/12)