The authority for Local Law No. 1 of the Year 1988 of the Village of
Fair Haven is § 18 of the Public Officers Law of the State of New
York.
The purpose of this chapter is to provide for the defense and indemnification
of the public officers and employees of the Village of Fair Haven.
As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Any member of a public board or commission, trustee, director, officer,
employee, volunteer, expressly authorized to participate in a publicly sponsored
volunteer program, or any other person holding a position by election, appointment,
or employment, in the service of the Village of Fair Haven, whether or not
compensated, but shall not include any 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:
A. The delivery by the employee to the chief legal officer
of the Village of Fair Haven, or to the Mayor of the Village of Fair Haven,
of a written request to provide for his defense, together with 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
B. The full cooperation of the employee in the defense of
such action or proceeding, and in defense of such action or proceeding against
the Village of Fair Haven based upon the same act or omission, and in the
prosecution of any appeal.
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 appeal
any provision of the Workers' Compensation Law of the State of New York.
This chapter shall not in any way affect the obligation of any claimant
to give notice to the Village of Fair Haven under § 10 of the Court
of Claims Act, § 50-e of the General Municipal Law, or any other
provision of law.
The Village of Fair Haven shall be authorized and empowered to purchase
insurance from any insuring company created by or under the laws of this state,
or authorized by law to transact business in this state, against any liability
imposed by the provisions of this section or of this chapter, or to act as
a self-insurer with respect thereto.
All payments made under the terms of this chapter, whether for insurance
or otherwise, shall be deemed to be for a public purpose, and shall be audited
and paid in the same manner as other public charges.
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.
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 to liability available to or conferred
upon any unit, entity, officer, or employee of the Village of Fair Haven in
accordance with or by reason of any other provision of state or federal statutory
or common law.
Benefits accorded to employees under this chapter shall be in lieu of
and take the place of defense or indemnification protection accorded to the
same public employees by another enactment, unless the Board of Trustees of
the Village of Fair Haven shall have provided that these benefits shall supplement
and be available in addition to defense or indemnification protection conferred
by another enactment.
If any provision of this chapter or the application thereof to any person
or circumstance be held unconstitutional or invalid in whole or in part by
any court such holding of unconstitutionality or invalidity shall in no way
affect or impair any other provision of this chapter, or the application of
any such provision to any other person or circumstance.
This chapter shall take effect immediately upon filing with the Secretary
of the State of New York.