The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Incorporated
Village of Plandome Manor from losses occasioned by 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 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 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:
VILLAGE EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Incorporated Village of Plandome
Manor, whether or not compensated. The term "Village employee" shall
not include an independent contractor. The term "Village employee"
shall include a former employee, the employee's estate or a 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 Attorney or his assistant at his office or the Village Hall
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 or as soon as possible under the circumstances
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 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.
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.