The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Hastings-on-Hudson from losses
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 of Hastings-on-Hudson or its employees with regard to indemnification
or legal defense. It is solely the intent of this chapter to provide maximum
coverage for local employees, such as is presently provided for state employees,
so as to continue to attract qualified individuals to local government service.
As used in this chapter, 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 Hastings-on-Hudson, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally sponsored
volunteer program, but shall include a former employee, his or her estate
or 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 or his or her assistant,
at his or her office, by the employee of the original or a copy of any summons,
complaint, process, notice, demand or pleading within five 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 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 or her defense pursuant to this
chapter.
The benefits of this chapter 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 chapter be construed to affect, alter or repeal
any provision of the Workmen'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, whether
or not the actions or commissions complained of occurred prior to or subsequent
to the effective date of this chapter.
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.