The purpose of this chapter is to provide legal and financial protection for those individuals serving the Village of Hamburg from losses which may be brought against them in their individual capacity for actions taken while in performance of their official duties and responsibilities. By enactment of this chapter, the Board of Trustees intends to confer the benefits of § 18 of Article 2 of the Public Officers Law of New York State upon covered persons as defined in §
23-2 of this code. It is the further intent of this chapter to provide supplemental defense and indemnification for punitive and exemplary damage as well as compensatory damages. The duty shall not arise where the injury or damages resulted from the intentional wrongdoing or maliciousness on the part of the covered person.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
CIVIL ACTION
An action brought to enforce, redress or protect private rights,
including suits at equity and at law.
COVERED PERSON
Any person holding a position by election, appointment, or employment
in the service of the Village of Hamburg, whether or not compensated, but
shall not include an independent contractor. The term "covered person" shall
include a former covered person, his estate or judicially appointed personal
representative. The benefits of this chapter shall inure only to "covered
persons," as defined herein, and shall not enlarge or diminish the rights
of any other party.
JUDICIAL PROCEEDING
Any proceeding in which judicial action is invoked and taken in a
legally constituted court.
TRUSTEE-LIAISON
A member of the Village Board of Trustees appointed by the Mayor
to act as liaison to a particular Village department.
The duty to indemnify or save harmless provided by this chapter shall
be conditioned upon delivery to the Village Attorney, at his office by the
covered person of the original or a copy of any summons, complaint, process,
notice, demand or pleading within five days after he is served with such document
and the full cooperation of the covered person 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 covered person that the Village
of Hamburg provide for his defense pursuant to this chapter.
The Board of Trustees of the Village of Hamburg hereby accepts the applicability
of § 18 of the Public Officers Law for the Village of Hamburg and
agrees that the Village shall be liable for costs incurred under the provisions
of § 18 of the Public Officers Law and confers upon the officers
and employees of the Village the benefits of § 18 of such law. Such benefits
shall supplement and he available in addition to defense and indemnification
protection conferred by the other provisions of this chapter.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted.
If any provision of this chapter or the application thereof to any person
or circumstance is held to be unconstitutional or invalid, in whole or in
part, by any court of competent jurisdiction, 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 State.