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PORTVILLE, NEW YORK
PORTVILLE, NEW YORK
Be it enacted by the Town Board of the Town of Portville as follows:
Section 1. As used in this local law, unless the context otherwise requires: (1) 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
Portville.
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
compliant 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 official 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 that 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 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.
(c) Where the employee receives process and a request for a defense to the town attorney or the
town supervisor as required by Section 3 of this local law is made, 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 of defending 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 the 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 Worker's Compensation Law.
Section 5. The benefits of this local law shall be 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.
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 or 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 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.
Section 1. As used in this local law, unless the context otherwise requires: (1) 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
Portville.
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
compliant 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 official 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 that 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 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.
(c) Where the employee receives process and a request for a defense to the town attorney or the
town supervisor as required by Section 3 of this local law is made, 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 of defending 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 the 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 Worker's Compensation Law.
Section 5. The benefits of this local law shall be 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.
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 or 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 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.
A local law providing for the defense of town officers and
employees
employees
Local Law 1 1980:
July 21, 1980
Town Municipal Building
1102 Portville-Olean Rd
PO Box 630
Portville, NY 14770
(716) 933-6658 Office
(716) 933-7877 Fax
contact-us@portville-ny.org
1102 Portville-Olean Rd
PO Box 630
Portville, NY 14770
(716) 933-6658 Office
(716) 933-7877 Fax
contact-us@portville-ny.org
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