HomeMy WebLinkAbout2006 local law 1 - protecting officials and employeesGEORGE E. PATAKI
GOVERNOR
Town of Ulysses
10 Elm Street
Trumansburg NY 14886
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
July 27, 2006
CHRISTOPHER l. JACOBS
SECRETARY OF STATE
RE: Town of Ulysses, Local Law 1, 2006 filed on July 24, 2006
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
WWW.DOS.STATE.NY.US • E-MAIL: INFO@DOS.STATE.NY.US
Local Law Filing
NEWYORKSTATEDEPARTMENTOFSTATE
41 STATE STREET
ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text oflaw should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
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JCi!;)( of U L YSSE
Town
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Local Law No.-----"------of the year 20_,_0!L6 __
Alocallaw PROVIDING EOR THE DEEENSE OF ULYSSES OFFICERS
(Insert Tille)
AND EMPI OYEES AND CERTAI~I VOLUNTEERS
Be it enacted by the --c=====;::;Tc.oO,_W.!.!..!:N,_.B,_,O>LCJA"'R'-'DL_ ____________ of the
(Name o[Legislarive Body)
ClUlD.lf
Cllllf of
Town
¥UI:l\l:l!:
_ _,U,_,L=.Y_,__,S""S"'E"""'----------------------as follows:
SEE ATTACHED
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 11/99) Page 1 of3
(Complete the certification in the paragraph that applies to the filing ofthis local law and
strike ont 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. __ -'.1 _____ of 20 06 of
the (CX>l1:~(®~Town)C\1<ilag~ of ULYSSES was duly passed by the
(Name of Legislative body)
provisions oflaw.
TOWN BOARD on JULY 11 2006 ,inaccordancewiththeapplicable
2. (Passage by local legislative body with approval, no disapproval or repass age after disapproval by the Elective
Chief Executive Officer*.)
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
====="' ____________ on _____ 20 ___ ,andwas(approved)(notapproved)
(Name of Legislative Body)
(repassed after disapproval) by the -=-o---==-:c-c=~-----------and was deemed duly adopted
(Eleclive Chief Executive Officer*)
on 20 , 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 20 of
the (County)(City)(Town)(Village) of was duly passed by the
======-------------on _____ 20 ___ ,andwas(approved)(notapproved)
(Name of Legislative Body)
(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 oflaw.
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)(Village) of was duly passed by the
======-------------on ______ 20 ___ ,andwas(approved)(notapproved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Electh>e 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 oflaw.
• Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere 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-239 (Rev. ll/99) Page 2 of3
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
the City of having been submitted to referendum pursuant to the provisions of section (36)(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)(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 ofNew 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 origina a! law, and wa fi adopted in the manner
indicated in paragraph , above. '(2# k. &.(../
or \~i:JJI(g6:Clerk or
MARSHA L. GEORGIA
(Seal) Date: Ill! Y 13 2006
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
coUNTYOF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the
been had or taken for the enactment of the local law annexed hereto.
Si
ATTORNEY FOR THE TOWN OF ULYSSES
Title
<4'!001Y
~f ULYSSES
Town
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Date: H L7 Z-oo C
I
DOS-239 (Rev.ll/99) Page 3 of3
RESOLUTION Local Law# 1-2006
Whereas: The Town of Ulysses Town Board wishes to ensure that its elected and
appointed officials, employees and volunteer board members are duly protected
form civil actions and provide defense thereof, and
Whereas: By adopting a local law to provide such guarantees is a long term
commitment by town government to protect its employees as defined in the Local
Law rather than an annual resolution, and
Whereas: The Attorney for the Town has presented and reviewed Local Law# 1
of 2006 for adoption, and
Whereas: A duly advertised public hearing was held on July 11, 2006 to take
comment on the local law,
Now Therefore it be Resolved that the Town Board of The Town of Ulysses
enact Local Law #1 of2006 as follows:
LOCAL LAW# 1 -2006
A LOCAL LAW PROVIDING FOR THE DEFENSE OF ULYSSES OFFICERS
AND EMPLOYEES AND CERTAIN VOLUNTEERS
Be it enacted by the Ulysses Town Board of the Town of Ulysses and the State of New
York as follows:
Section 1.
As used in this Local Law, unless the context otherwise requires:
a. The term "employee" shall mean any Town Supervisor, member of the Town
Board, Town officer, Town employee, Town volunteer expressly authorized by
the Town to participate in a publicly sponsored volunteer program, or any other
person holding a Town position by election, appointment or employment in the
service of the Town, whether or not compensated, but shall not include an
independent contractor. The tetm "employee" shall include a former employee of
the Town, his/her estate or judicially appointed personal representative.
b. The term Town shall mean Town of Ulysses, a New York State municipal
corporation.
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 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/her
public employment or duties including, without limitation, any civil action or
proceeding arising out of any alleged act or omission in which it is alleged that
the officer or employee has violated the civil rights ofthe claimant, petitioner or
plaintiff under sections 1981 and 1983 of the U.S. Civil Rights Act (42 U.S.C.
sections 1981 and 1983). Such defense shall not be provided where such 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 of the Town shall
employ or retain an attorney for the defense of the employee, and reasonable
attorneys' 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 Supervisor that the person is or was
an employee. 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.
c. Where the employee delivers process and request for a defense to the Town
attorney or the 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,
to retain 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.
d. Subject to the conditions set forth in this Local Law, 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/her public
employment 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 of the Town. The duty to indemnifY and
save harmless prescribed by this subdivision shall not arise where (I) the injury or
damage resulted from intentional wrongdoing or fines or penalties, or money
recovered from an employee pursuant to section 51 of the General Municipal
Law, provided, however, 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/her public employment or duties, has, without willfulness
or intent on his/her part, violated a prior order, judgment, consent decree or
stipulation of settlement entered in any court of this state or of the United States.
Section 3.
a. The duties to defend provided in this Local Law shall be contingent upon (I)
delivery to the Town attorney or, if none, to the Supervisor of the original or a
copy of any summons, complaint, process, notice, demand or pleading within five
days after he/she is served with such document and (2) 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/ber defense pursuant to this Local Law,
unless the employee shall state in writing that a defense is not requested.
b. The duty to indemnify and save harmless prescribed by this Local Law shall be
conditioned upon 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.
c. 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 or registered mail, within thirty days of the date of entry
or settlement, upon the Supervisor of the Town; and if not inconsistent with the
provisions of this section, the amount of such judgment or settlement shall be paid
by the Town.
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 provisions of this Local
Law be construed to affect, alter or repeal any provisions of the Workers' Compensation
Law.
Section 5.
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. The Town is
directed to provide reasonable insurance coverage pursuant to General Municipal Law §
52.
Section 6.
As otherwise specifically provided in this Local Law, the provisions ofthis 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 7.
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 8.
This Local Law shall take effect immediately upon filing in the office of the Secretary of
State of the State ofNew York as provided in section 27 ofthe Municipal Home Rule
Law.
I hereby certify that the foregoing Local Law # 1 -2006 was adopted at the Regular
Town Board meeting help July 11, 2006.
Witness my hand and seal of said Town this Twelfth day of July 2006.
~it/~~~
Marsha L. Georgia
Ulysses Town Clerk