The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Laurel Hollow from losses which
may result from 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 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.
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 Laurel Hollow, 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 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 Workers' 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 civil 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.
If any provision of this chapter or the application thereof to any person
or circumstances is held unconstitutional or invalid in whole or in part by
any court of competent jurisdiction, such holding of unconstitutionality or
invalidity shall in no way affect or impair any other provision of this chapter
or the application of any such provision to any other person or circumstance.