This chapter shall be entitled "A Local Law Providing for the
Defense and Indemnification of Officers and Employees of the Village
of Mount Morris."
As used in this chapter, unless the context requires otherwise,
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, but shall not include a
volunteer, any person not compensated for his services or an independent
contractor. The term "employee" shall also include a former employee,
his estate or his judicially appointed personal representative.
VILLAGE
The Village of Mount Morris.
The duties to defend and indemnify and save harmless provided
in this chapter shall be contingent upon:
A. Delivery
to the Village Attorney or to the Mayor of the original or a copy
of any summons, complaint, process, notice, demand or pleading within
10 days after the employee is served with such document. Such delivery
shall be deemed a request by the employee that the Village provide
for his defense pursuant to this chapter, unless the employee shall
state, in writing, that a defense is not requested.
[Amended 12-1-1988 by L.L. No. 9-1988]
B. The
full cooperation of the employee in the defense of such action or
proceeding and defense of any action or proceeding against the Village
based upon the same act or omission and in the prosecution of any
appeal.
The benefits of this chapter will inure only to employees as
defined herein and shall not enlarge or diminish the rights of any
other party, nor shall any provisions of this chapter be construed
to affect, alter or repeal any provisions of the Worker's Compensation
Law.
The provisions of this chapter 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 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 indemnification provided
for any governmental officer or employee in accordance with or by
reason of any other provision of state or federal statutory or common
law.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this chapter.