The purpose of this chapter is to provide for the representation and
indemnification of municipal officials and employees who are sued civilly
for alleged acts or omissions occurring while they are acting within the scope
of their appointment or duties. 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:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village of Briarcliff Manor, whether or not compensated,
or a volunteer expressly authorized to participate in a municipality sponsored
volunteer program, but shall not include an independent contractor. The term
"employee" shall include a former employee, his or her estate or judicially
appointed personal representative.
[Amended 11-4-1999 by L.L.
No. 8-1999]
A. The Village shall defend, indemnify and save harmless
its employees in the amount of any judgment obtained against such employees
in any state or federal court, or in the amount of any settlement of a claim,
provided that the act or omission from which such judgment or settlement arose
occurred while the employee was acting within the scope of his public employment
or duties; the duty to indemnify and save harmless prescribed by this section
shall not arise where the injury or damage resulted from intentional wrongdoing
or recklessness on the part of the employee.
B. An employee represented by private counsel shall cause
to be submitted to the Board of Trustees any proposed settlement which may
be subject to indemnification by the Village and if not inconsistent with
the provisions of this section, the Mayor shall certify such settlement, and
submit such settlement and certification to the Village Attorney. The attorney
shall review such proposed settlement as to form and amount, and shall give
his approval if in his judgment the settlement is in the best interest of
the Village. Nothing in this subsection shall be construed to authorize the
Village to indemnify or save harmless an employee with respect to a settlement
not so reviewed and approved by the Village Attorney.
C. Upon entry of final judgment against the employee, or
upon the settlement of the claim, the employee shall cause to be served a
copy of such judgment or settlement personally or by certified or registered
mail within 30 days of the date of entry or settlement, upon the Mayor; and
if not inconsistent with the provisions of this section, such judgment or
settlement shall be certified for payment by such Mayor. If the attorney concurs
in such certification, the judgment or settlement shall be paid upon the audit
and warrant of the Village Treasurer.
D. The Village shall also indemnify and save harmless its
employees in the amount of any punitive damages in accordance with the following
procedure and such additional procedures as may be established by the Village
Attorney:
(1) In the event of a final judgment of punitive damages
against the employee, the employee shall serve copies of such judgment personally
or by certified or registered mail within 10 days of the date of entry upon
the Village Attorney and upon the Village Clerk on behalf of the Village Board.
The Village Board shall meet as soon as practicable to review, make findings,
and determine if all the following have been met and, if so met, shall appropriate
the funds necessary to pay such punitive damages:
(a) The judgment of punitive damages is based on an act or
omission of an employee acting within the scope of his/her employment;
(b) At the time of the action or omission giving rise to
the liability, the employee acted without recklessness, without maliciousness
and without gross negligence and otherwise within the standards required for
employees holding comparable positions within the Village;
(c) At the time of the act or omission, the employee acted
in good faith and in the best interests of the Village; and
(d) At the time of the act or omission, the employee did
not willfully violate a clearly established provision of law or Village policy.
(2) Except as otherwise required by federal or state law,
deliberations by the Village Board shall be held in executive session and
the findings and determinations of the Village Board shall remain confidential.
The duty to defend, 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 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 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 section 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
or 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.