The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Port Chester from losses which
may result from legal actions 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.
[Amended 4-7-2004 by L.L. No. 8-2004]
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position of election, appointment or employment
in the service of the Village of Port Chester, 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. It shall also include members of the Port Chester
Industrial Development Agency.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Village Attorney or his deputy,
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 upon the full cooperation of the employee in
the defense of such action or proceeding and in the 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 scope of benefits 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 Worker's 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.