[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry 12-22-1982 by L.L. No. 10-1982. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 to participate in a Village-sponsored
volunteer program, but not including an independent contractor. The
term "employee" shall include a former employee, his or her estate
or judicially appointed personal representative.
At the request of the employee and upon compliance by the employee with the provisions of § 29-4 of this chapter, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court, including actions under Sections 1981 through 1988 of Title 42 of the United States Code, arising out of any alleged act or omission which the Village Attorney finds occurred while the employee was acting within the scope of his or her public employment and in the discharge of his or her duties and was not in violation of any rule or regulation of the Village, town, county or state at the time the alleged act or omission occurred. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village, town, county, state or an agency of any of them.
The Village shall 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 approved by the Board of Trustees, provided that the act
or omission from which judgment or settlement arose occurred while
the employee was acting within the scope of his or her public employment
and in the discharge of his duties and was not in violation of any
rule or regulation of the Village, town, county or state at the time
the alleged damages were sustained. 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.
A.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon:
(1)
Delivery to the Village Attorney 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
(2)
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 in the
prosecution of any appeal.
B.
Such delivery of the aforementioned document shall
be deemed a request by the employee that the Village provide for his
or her defense pursuant to this chapter. In the event that the Village
shall assume an employee's defense and thereafter the employee fails
to or refuses to cooperate in the formation or presentation of his
or her defense, the Village may withdraw its representation and indemnification
10 days after giving written notice to the employee of its intention
to discontinue such representation and indemnification.
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:
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 instituted on or after the effective date
of this chapter.
The provisions of this chapter shall not be
construed in any way to impair, alter, limit, modify or abrogate or
restrict any immunity available to or conferred upon any unit, entity,
officer or employee of the Village or any agency or any other level
of government, 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, federal or local law or
common law.
This chapter shall not in any way affect the
obligation of any claimant to give notice to the Village under any
rule, regulation, statute or other provision of law.
