The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of Manlius 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 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 the enactment of this chapter, the Village
Board 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.
For the purposes of this chapter, 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, 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 chapter shall be conditioned upon:
A. Delivery to the Attorney for the village 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
B. 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 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 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 actions and proceedings pending upon the effective date of this
chapter 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.