The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of Montgomery, from losses resulting from lawsuits 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 Montgomery, 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 person or representative.
The benefits of this section 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 section
be construed to affect, alter or repeal any provision of the Workmen's
Compensation Law.
The provisions of this section 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 section shall apply to
all actions and proceedings pending upon the effective date thereof
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.