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 of Spring Valley, whether
compensated or not, but shall not include an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative. 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.
At the request of an employee and upon compliance by the employee
with all of the provisions of this chapter, the Village of Spring
Valley shall provide for the defense of an employee in any civil action
or proceeding in any state or federal court, including actions under
Sections 1981 through 1988 of Title 2 of the United States Code, arising
out of any alleged act or omission which the Board of Trustees finds
occurred while the employee was acting within the scope of his public
service and in the discharge of his duties and was not in violation
of any rule or regulation of the Village at the time the alleged act
or omission occurred.
In the event that the act or omission upon which the court action
or proceeding against the employee is based was or is also the basis
of a disciplinary proceeding by the Village against the employee,
representation by the Village and indemnification by the Village may
be withheld:
A. Until such disciplinary proceeding has been resolved; and
B. Unless the resolution of the disciplinary proceeding completely exonerates
the employee as to such act or omission.
Every action or proceeding instituted hereunder, including an
action brought to enforce a provision of Sections 1981 through 1988
of Title 42 of the United States Code, shall be commenced pursuant
to the provisions of § 50-1 of the General Municipal Law
and within one year and 90 days. No action or proceeding instituted
hereunder, other than one instituted pursuant to Sections 1981 through
1988 of Title 42 of the United States Code, shall be prosecuted or
maintained against the Village or an employee unless notice of claim
shall have been made and served upon the Village in compliance with
§ 50-e of the General Municipal Law and within 90 days after
the claim arises.
Subject to the conditions set forth in this chapter, the employee
shall be entitled to be represented by an attorney to be retained
by the Board of Trustees. The Village of Spring Valley shall have
no liability to represent, defend or hold harmless an employee who
is represented by an attorney other than one retained by the Board
of Trustees.
Nothing in this chapter shall authorize the Village of Spring
Valley to represent, indemnify or save harmless an employee with respect
to punitive or exemplary damages, fines or penalties or to money recovered
from an employee pursuant to Article VII-A of the State Finance Law.
The Board of Trustees may, by resolution, undertake to purchase
liability insurance for its employees to insure against acts or omissions
covered by this chapter.
The provisions of this chapter shall apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.