The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of Hammondsport 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 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 Hammondsport, 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.