The purpose of this chapter is to authorize the Village of North
Collins to defend and indemnify its employees for claims made against
them for their actions while in public service.
As used in this chapter, 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, but shall not include a
volunteer, any person not compensated for his/her services or an independent
contractor. The term "employee" shall include a former employee, his/her
estate or judicially appointed personal representative.
The duties to defend provided in this chapter shall be contingent
upon delivery to the Village Mayor of the original or a copy of any
summons, complaint, process, notice, demand or pleading within five
days after the employee is served with such document and the full
cooperation of the employee in the defense of such action or proceeding
and 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/her defense pursuant to this chapter, unless the employee
shall state, in writing, that a defense is not requested.
The benefits of this chapter will 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 provisions 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 obtained by the Village or any other entity
for the purpose of providing the cost of such defense and indemnification
called for by this law.
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 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.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this law.