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, whether or not compensated, or a volunteer
expressly authorized by the Mayor and Board of Trustees to participate in
a village-sponsored volunteer program, but 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 prescribed by this
chapter shall be conditioned upon personal delivery to the Village Administrator
or the Mayor of the village, by the employee, of the original or a copy of
any summons, complaint, process, notice, demand or pleading within five (5)
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 defense of
any action or proceeding against the village based upon the same act or omission
and a 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.
In the event that the act or omission upon which the court proceeding
against the employee is based was or is also the basis of a disciplinary proceeding
by the village against the employee, representation and indemnification by
the village may be withheld until such disciplinary proceeding is resolved
and unless the resolution of such disciplinary proceeding exonerates the employee
as to such act or omission.
Every action or proceeding instituted hereunder, including an action
brought to enforce the provisions of 42 U.S.C. §§ 1981 through
1988, shall be commenced pursuant to the provisions of § 50-i of
the General Municipal Law of the State of New York, and within one (1) year
and ninety (90) days. No action or proceeding instituted hereunder, other
than one instituted pursuant to 42 U.S.C. §§ 1981 through 1988,
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 of the State of New York
and within ninety (90) days after the claim arises.
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 and 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
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.