The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Flower Hill from losses occasioned
by civil actions or proceedings 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:
VILLAGE EMPLOYEE
Any commissioner, member of a public board or commission, trustees,
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 Flower
Hill, whether or not compensated. The term "village employee" shall not include
an independent contractor. The term "village employee" shall include a former
employee, the employee's estate or a judicially appointed personal representative.
[Amended 11-10-1999 by L.L. No. 3-1999]
[Amended 11-10-1999 by L.L. No. 3-1999]
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 or the Village Hall 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 upon 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. 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 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.