The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Pleasantville from losses, which
may be brought against them in their individual capacity for actions taken
while in the performance of their official duties and responsibilities. In
enacting this chapter, the Village Board of Trustees finds that the State
of New York has enacted similar provisions for the legal and financial security
of its officers and employees and further finds that such security is also
required for local personnel. By enactment of this chapter, the Village Board
of Trustees does not intend to limit or otherwise abrogate any existing right
or responsibility of the Village of Pleasantville or its employees with regard
to indemnification or legal defense. It is solely the intent of this chapter
to provide maximum coverage for local employees, such as is presently provided
for state employees, so as to continue to attract qualified individuals to
local government service.
As used in this chapter, unless the context otherwise requires, the
term "employee" shall mean any person holding a position by election, appointment
by the Village Board of Trustees or employment in the service of the Village
of Pleasantville, whether or not compensated, or a volunteer expressly authorized
to participate in a municipally sponsored volunteer program, but shall not
include an independent contractor. The term "employee" shall include a former
employee, his or her estate or judicially appointed personal representative.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery by the employee to the Village Attorney
or the Mayor of a written request to provide for his or her defense, together
with the original or a copy of any summons, complaint, process, notice, demand
or pleading, within 10 days after he or she is served with such document;
and 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.
The benefits of this chapter shall 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 chapter be construed to affect, alter or repeal
any provision of the Workers' Compensation Law.
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, whether
or not the actions or commissions complained of occurred prior to or subsequent
to the effective date of this chapter.
Except as otherwise specifically provided in this chapter, the provisions
of this chapter 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 village 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 or federal statutory or
common law.