This chapter shall be known and may be cited as the "Officers
and Employees Indemnification Law of the Incorporated Village of Roslyn,
New York."
The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village from damages
which may be claimed 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 officers and employees as is currently
provided for state officers and employees, so as to continue to attract
qualified individuals to local government service.
As used in this chapter, unless the context or subject matter
otherwise requires, the term "officer" or "employee" means any person
holding a position by election, appointment or employment in the service
of the Incorporated Village of Roslyn, 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 "officer" or "employee" shall include a former
officer or employee, his estate or judicially appointed personal representative.
The duty to defend provided in this chapter shall be contingent
upon delivery by the officer or the employee to the Village Attorney
or, if none, to the Mayor of the original or a copy of any summons,
complaint, process, notice, demand or pleading within 10 days after
he or she is served with such document and upon the full cooperation
of the officer or 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.
Such delivery shall be deemed a request by the officer or employee
that the Village provide for his or her defense pursuant to this chapter,
unless the officer or employee shall state in writing that the defense
is not requested.
Pursuant to the provisions of § 18 of the Public Officers
Law, the Board of Trustees hereby agrees to be held liable for costs
incurred under the provisions of said section by conferring upon the
officers and employees of the Village the benefits of § 18
of such law. The benefits shall supplement and be available in addition
to defense or indemnification protection conferred by another enactment.