The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of Woodbury 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 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 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 Woodbury, whether or not
compensated, or a volunteer expressly authorized to participate in
a Village-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 to the
Village Clerk 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 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 state 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 Board 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 insurers under any policy of insurance.
The provisions of this chapter shall apply to
all actions and proceedings pending upon the effective date hereof
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.