[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 10-20-1980 by L.L. No. 19-1980. 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 shall not include an independent contractor. The term "employee" shall
include the Village Attorney and a former employee, his or her estate or judicially
appointed personal representative.[Amended 9-8-1992 by L.L. No. 13-1992]
At the request of the employee and upon compliance by the employee with the provisions of § 21-4 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 42 U.S.C. §§ 1981-1988, 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.
[Amended 9-8-1992 by L.L. No. 13-1992]
The village shall indemnify and save harmless its employees in the amount of any judgment, including a judgment that includes punitive or exemplary damages, 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 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 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.
The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon 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 or she is served with such document and 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 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.
[Amended 9-8-1992 by L.L. No. 13-1992]
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 until such disciplinary proceeding has been resolved and unless the resolution of the disciplinary proceeding exonerated the employee as to such act or omission. However, defense and indemnification may not be withheld because a judgment involves punitive or exemplary damages.
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, including Article 18 of the Public Officers Law of the State of New York. The Village of Tarrytown hereby agrees to be held liable for costs incurred under the provisions of said Article 18 of the Public Officers Law by conferring upon its employees, as defined herein, the substantive benefits of that law insofar as they shall supplement and be available in addition to defense or indemnification protection conferred by this chapter. Insofar as there shall be any conflict between provisions of Article 18 of the Public Officers Law on matters and methods of procedure, this chapter shall govern, but any conflict between Article 18 of the Public Officers Law and this chapter with respect to substantive coverage shall be resolved in favor of whichever law grants the employee the greater coverage.
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.