The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Cedarhurst 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 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 Cedarhurst, 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 or her 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 at his or her office
or his or her assistant by the employee of the original or a copy of any summons,
complaint, process, notice, demand or pleading within 10 days after he or
she 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 village or Board of Trustees 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 or her defense
pursuant to this chapter.
The benefits of this article 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 article 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 article 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.