The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Lawrence from losses which may
be brought against them in their individual capacities for actions taken while
in the performance of their official duties and responsibilities. In enacting
this chapter, the Village of Lawrence 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 of
Lawrence 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 Lawrence, 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 the delivery to the Village Administrator or his
assistant, at his office, by the employee, of the original or a copy of any
summons, complaint, process, notice, demand or pleading within 10 days after
he is served with such document and upon 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 Worker's 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.
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.