The purpose of this article is to provide legal
and financial protection for those individuals serving the Village
of Shortsville from losses occasioned by civil actions or proceedings
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 article, 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 article, 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 article 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 article, 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 Shortsville, whether or
not compensated, or a volunteer expressly authorized to participate
in a municipality-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.
[Amended 1-8-2002 by L.L. No. 1-2002]
The duty to defend or indemnify and save harmless
provided by this article shall be conditioned upon delivery to the
Attorney for the Village or his assistant at his office or the Village
Hall by the employee of the original or a copy of any summons, complaint,
process, notice, demand or pleading within 10 days after he is served
with such document and upon the full cooperation of the employee in
the defense of such action or proceeding and in defense of any action
or proceeding against the Village 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 own defense
pursuant to this article.
The benefits of this article 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 article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy or insurance.
The provisions of this article shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article 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.