[Adopted 5-5-1980 by L.L. No. 3-1980 (Ch.
25A, Art. I, of the 1979 Code)]
The purpose of this article is to provide legal
and financial protection for those individuals serving the Village
of Delhi 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 article, the 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 article, the 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 article 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 article, 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 Delhi, 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 article shall be conditioned upon delivery to the
Village Attorney 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 five 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 state 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 article.
The benefits of this article 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 article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article 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 article shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article 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.
[Added 10-19-1981 by L.L. No. 6-1981]
Pursuant to the provisions of § 18 of the Public Officers Law, the governing body of the Village of Delhi hereby agrees to be held liable for costs incurred under the provisions of such section, by conferring upon the officers and employees of such Village the benefits of § 18 of such law. Such benefits shall supplement and be available in addition to defense or indemnification protection conferred by Local Law No. 3 of the year 1980 and being Chapter
50 of the Village Code.
[Adopted 8-21-2006 by L.L. No. 1-2006]
This article is enacted to establish a procedure
whereby certain appointed public officers in the Village of Delhi
may be afforded a due process hearing in the event a need arises for
the appointing authority to pursue disciplinary charges.
A person holding an appointive office in the
Village of Delhi may be subject to disciplinary charges initiated
by the officer or body having the power of appointment in accordance
with the procedure set forth in § 75(2) of the Civil Service
Law.
No proceeding pursuant to this article shall
be commenced more than 18 months after the alleged incompetence or
misconduct has occurred or has become known to the appointing authority.
This limitation shall not apply where the alleged incompetence or
misconduct would, if proven in a judicial proceeding, constitute a
crime.
The determination rendered by the appointing
authority pursuant to this article shall constitute a final determination
of the Village of Delhi and may be reviewed upon petition filed in
accordance with the provisions of Article 78 of the Civil Practice
Law and Rules.