The purpose of this chapter is to provide legal and financial protection
for those individuals serving the village from losses which may result from
claims or legal actions 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 finds that the State of New York has enacted
similar provisions for the legal 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 does not intend to limit or otherwise
abrogate any existing right or responsibility of the village or its officers
or 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, the following terms shall have the meanings
indicated:
OFFICER or EMPLOYEE
Any person holding a position by election, appointment by the Board
or employment in the service of the village, whether or not compensated, or
a volunteer expressly authorized by the Board to participate in a municipally
sponsored volunteer program, but shall not included an independent contractor.
The term "officer or employee" shall include a former officer or employee,
his estate or his judicially appointed personal representative.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Village Attorney, at his office,
by the employee of the original or a copy of any summons, complaint, process,
notice, demand or pleading within ten (10) 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
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. In cases where an order
to show cause is served, papers shall be delivered to the Village Attorney
as soon as reasonably possible before the required court appearance.