The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Brightwaters from losses which
may be brought against them in their individual capacity for actions taken
while in the performance of their official duties and responsibilities. In
enacting this chapter, the Village 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 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 Brightwaters, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally 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 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 10 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 chapter 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
of insurance.
The provisions of this chapter shall apply to all actions and proceedings
pending on the effective date hereof or hereafter 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.
The Village shall be solely liable for and shall pay any amount which
such public officials become legally obligated to pay or which the Village
shall be required by law to pay for any claim or claims made against the public
officials for their public acts, which shall include damages, judgments, settlements,
costs and expenses of investigation and defense of legal actions, claims or
suits and appeals therefrom and costs of attachment, appeal or similar bonds,
including any insurance policy deductible and including all sums in excess
of any insurance policy limits, which are not otherwise insured.