The purpose of this chapter is to provide legal
and financial protection from losses for those individuals serving
the Village of Lynbrook, 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 Lynbrook 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 Lynbrook 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.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
CIVIL ACTION OR PROCEEDING
Any litigation in state or federal court; and, for the purpose
of this chapter, this definition shall include any investigation or
action by a lawfully constituted police department, law enforcement
official, or district or United States attorney where no criminal
charges are lodged or where criminal charges are lodged followed by
acquittal or dismissal.
[Added 3-1-2010 by L.L. No. 1-2010]
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Village of Lynbrook, whether or not
compensated or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, or an independent contractor
acting 1) under the direction of a Village department head; and 2)
designated by the Village Board as an ad hoc employee for limited
Village work. The term "employee" shall include a former employee,
his or her estate or judicially appointed personal representative.
[Amended 3-1-2010 by L.L. No. 1-2010]
[Amended 1-13-2014 by L.L. No. 5-2014; 9-15-2014 by L.L. No. 16-2014]
A. 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
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 of 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.
B. For the reduction of Village exposure to the unnecessary costs of
indemnity hereunder, individuals applying for employment, other than
those persons who are required to be fingerprinted under regulations
of the Nassau County Civil Service Commission, shall appear at the
offices of the Lynbrook Police Department. The applicant shall be
directed by the Lynbrook Police Department to submit fingerprints
and fees and manner as prescribed by the Division of Criminal Justice
Services. The results of the criminal history record information check
as reported by the Division of Criminal Justice Services shall be
reviewed by the Lynbrook Chief of Police who shall submit a written
report. The report provided by the Chief of Police shall only indicate
if the individual should be granted or denied employment. The Chief
of Police may not report or discuss any criminal history record information
received from the Division of Criminal Justice Services.
[Amended 3-16-2015 by L.L. No. 2-2015]
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.