The purpose of this local law is to provide legal and financial
protection for those individuals serving the Village of Liberty from
losses which may be brought against them in their individual capacities
for actions taken while in the performance of their official duties
and responsibilities. In enacting this local law, 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 local law, 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 local law 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 local law, unless the context otherwise requires,
the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Village of Liberty, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, but shall not include an
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 provided by
this local law shall be conditioned upon the delivery to the Village
Attorney or his assistant, at his office, by the employee 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 employee in the defense of such action or proceeding
and in defense of any action or proceeding against the state 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 local law.
The benefits of this local law 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 local law be construed
to affect, alter or repeal any provision of the Worker's Compensation
Law.
The provisions of this local law 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 local law shall apply to all actions
and proceedings pending upon the effective date thereof or thereafter
instituted.
Except as otherwise specifically provided in this local law,
the provisions of this local law 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.
If any provision of this local law or the application thereof
to any person or circumstance is 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 local law or the application of any such provision to any
other person or circumstance.
This local law shall take effect immediately upon filing with
the Secretary of State.