As used in 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 of Pomona, whether compensated
or not, 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.
At the request of an employee and upon compliance
by the employee with all of the provisions of this chapter, the Village
of Pomona shall provide for the defense of an employee in any civil
action or proceeding in any state or federal court, including actions
under Sections 1981 through 1988 of Title 42 of the United States
Code, arising out of any alleged act or omission which the Board of
Trustees finds occurred while the employee was acting within the scope
of his public service and in the discharge of his duties and was not
in violation of any rule or regulation of the Village at the time
the alleged act or omission occurred.
In the event that the act or omission upon which
the court action or proceeding against the employee is based was or
is also the basis of a disciplinary proceeding by the Village against
the employee, representation by the Village and indemnification by
the Village may be withheld:
A. Until such disciplinary proceeding has been resolved;
and
B. Unless the resolution of the disciplinary proceeding
completely exonerated the employee as to such act or omission.
Every action or proceeding instituted hereunder,
including an action brought to enforce a provision of Sections 1981
through 1988 of Title 42 of the United States Code, shall be commenced
pursuant to the provisions of § 50-i of the General Municipal
Law and within one year and 90 days. No action or proceeding instituted
hereunder, other than one instituted pursuant to Sections 1981 through
1988 of Title 42 of the United States Code, shall be prosecuted or
maintained against the Village or an employee unless notice of claim
shall have been made and served upon the Village in compliance with
§ 50-e of the General Municipal Law and within 90 days after
the claim arises.
Subject to the conditions set forth in this
chapter, the employee shall be entitled to be represented by an attorney
to be retained by the Board of Trustees. The Village of Pomona shall
have no liability to represent, defend or hold harmless an employee
who is represented by an attorney other than one retained by the Board
of Trustees.
Nothing in this chapter shall authorize the
Village of Pomona to represent, indemnify or save harmless an employee
with respect to punitive or exemplary damages, fines or penalties
or to money recovered from an employee pursuant to Article VII-A of
the State Finance Law.
The Board of Trustees may, by resolution, undertake
to purchase liability insurance for its employees to insure against
acts or omissions covered by this chapter.
The provisions of this chapter shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.