The purpose of this chapter is to provide legal and financial protection
from losses for those individuals serving the Village of Lake Success on account
of civil actions or proceedings 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 Lake Success 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 Lake Success Board of Trustees does not intend to limit
or otherwise abrogate any existing right or responsibility of the village
or its employees with regard to indemnification or legal defense. It is solely
the intent of this chapter to provide similar coverage for local employees
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
following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village of Lake Success, 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 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 Clerk or
his assistant, at his office, of the original or a copy of any summons, complaint,
process, notice, demand or pleading within ten (10) days after he 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. Such delivery shall be deemed a request by the employee that the
village provide for his defense pursuant to this chapter.
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.
Nothing in this chapter shall authorize the village to indemnify or
save harmless an employee with respect to punitive or exemplary damages, fines
or penalties.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted.
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.