[HISTORY: Adopted by the Board of Trustees
of the Village of Millbrook 7-15-1991 by L.L. No. 2-1991. Amendments
noted where applicable.]
As used in this chapter, the following words
shall have the meanings indicated:
An office, position, administration, department, division,
bureau, board, community board, commission, institution or agency
of government, the expenses of which are paid in whole or in part
from the Village general funds.
Any person holding a position by election, appointment or
employment in the service of any agency, whether or not compensated,
or a volunteer program, but shall not include an independent contractor.
The term "employee" shall include a former employee, his estate or
his judicially appointed personal representative.
Any public official defined as an officer under legislation
of the State of New York.
The Village of Millbrook.
The Village shall save harmless and indemnify
all officers and employees of the Village from financial loss arising
out of any claim, demand, suit or judgment by reason of alleged negligence
or other act by such officer or employee, provided that the Village
Board finds that such officer or employee, at the time damages were
sustained, was acting in the discharge of his duties and within the
scope of his employment and that such damages did not result from
the willful and wrongful act or gross negligence of such officer or
employee.
[Amended 12-16-1997 by L.L. No. 2-1997]
At the request of the employee and upon compliance by the employee with the provisions of §§ 10-4 and 10-5 of this chapter, the Village shall provide for the defense of an employee of any agency in any civil action or proceeding in any state or federal court, including but not limited to actions under §§ 1981 through 1988 of Title 42 of the United States Code or any article of the Civil Rights Law of the State of New York arising out of any alleged act or omission which the Village Board finds occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation at the time the alleged act or omission occurred. This duty to provide for a defense shall not arise in any civil action or proceeding brought by or on behalf of the Village or state or an agency of either.
The Village shall indemnify and save harmless
its employees in the amount of any judgment obtained against such
employees in any state or federal court or in the amount of any settlement
of a claim approved by the Village Board, provided that the Village
Board finds that the act or omission from which such judgment or settlement
arose occurred while the employee was acting within the scope of his
public employment and in the discharge of his duties and was not in
violation of any rule or regulation at the time the alleged damages
were sustained. The duty to indemnify and save harmless prescribed
by this section shall not arise where the injury or damage resulted
from intentional wrongdoing or recklessness on the part of the employee.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall also be conditioned upon:
A.
Delivery to the Village Attorney and Village Board
by the employee of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after he or she
is served with such document. Such delivery shall be deemed a request
by the employee that the Village provide for his or her defense pursuant
to this section; and
B.
The full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the Village based upon the same act or omission and in the
prosecution of any appeal. In the event that the Village shall assume
an employee's defense and thereafter the employee fails to or refuses
to cooperate in the formation or presentation of his or her defense,
the Court shall permit the Village to withdraw its representation.
In the event that the act or omission upon which
the court proceeding against the employee is based was or is also
the basis of a disciplinary proceeding by the Village against the
employee, representation by the Village and indemnification by the
Village may be withheld:
Every action or proceeding instituted hereunder,
including but not limited to an action brought to enforce a provision
of §§ 1981 through 1988 of Title 42 of the United States
Code, shall be commenced pursuant to the provisions of § 50-i,
Subdivision 1, of the General Municipal Law within one year and 90
days. No action or proceeding instituted hereunder, other than one
instituted pursuant to §§ 1981 through 1988 of Title
42 of the United States Code, shall be prosecuted or maintained against
the Village or any agency or an employee unless notice of claim shall
have been made and served upon the Village in compliance with § 50-e
of the General Municipal Law within 90 days after the claim arises.
The provisions of this chapter shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
The provisions of this chapter shall apply to all actions and proceedings pending upon the effective date thereof or thereafter instituted, except that the provisions of § 10-6 of this chapter shall apply only to actions and proceedings instituted on or after the effective date of this chapter.
The provisions of this chapter shall not be
construed in any way to impair, alter, limit, modify or abrogate or
restrict any immunity available to or conferred upon any unit, entity,
officer or employee of the Village or any agency or any other level
of government or any right to defense and/or indemnification provided
for any governmental officer or employee by, in accordance with or
by reason of any other provision of state, federal or local law or
common law.
[Amended 12-16-1997 by L.L. No. 2-1997]
The benefits of this chapter shall inure only
to employees of the Village and shall not enlarge or diminish the
rights of any other party.
