The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Kensington
from losses which may be sustained by 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 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 Kensington whether or
not compensated or a volunteer expressly authorized to participate
in a municipally sponsored volunteer program, but the term 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 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 the 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 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 provisions of this section be construed
to affect, alter or repeal any provision of the Workers' Compensation
Law.
[Added 11-18-1981 by L.L. No. 4-1981]
Pursuant to the provisions of § 18 of the Public Officers
Law, the Village of Kensington hereby confers upon its employees
and officers, and agrees to be liable for the costs and expenses of,
the benefits of said § 18, which benefits shall supplement
and be available in addition to defense or indemnification protection
conferred by this chapter.
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.