[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville
1-8-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
This chapter provides for the legal defense and indemnification of Village
officers, employees and certain volunteers of the Village of Fayetteville.
For the purpose of this chapter, the following terms shall have the
meanings given herein:
Any person who is an officer or employee of the Village of Fayetteville,
or any member of any Village Board, Council or Commission or a volunteer expressly
authorized to participate in a Village-sponsored volunteer program, or any
other person holding a position by election, appointment or employment in
the service of the Village, whether or not compensated. The term "employee"
shall include a former employee, his or her estate or judicially approved
personal representative, but shall not include an independent contractor.
The Incorporated Village of Fayetteville, County of Onondaga, State
of New York.
By the adoption of this chapter, the Village hereby agrees to confer
upon its employees the benefits of § 18 of the Public Officers Law
of the State of New York, as from time to time amended, and to be held liable
for the costs incurred under its provisions.
Subject to the terms, provisions and conditions contained in said Public
Officers Law, the Village shall provide for the legal defense and indemnification
of its employees for acts or omissions which occurred while they were acting,
or in good faith purporting to act, within the scope of their public employment
or duties.
Any dispute as to whether an employee was acting, or in good faith purporting
to act, within the scope of his or her employment or duties shall be resolved
by the Board of Trustees, which shall review and consider the facts and circumstances
out of which the complaint arose. The Board of Trustees need not limit its
review to the allegations contained in the legal proceedings and may reassess
any determination based on additional evidence or subsequent developments
in the action or proceeding.
