The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Maybrook 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.
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 Maybrook, 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 delivery to the Village Attorney 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 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.
If any provision of this chapter or the application thereof to any person
or circumstance 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.