The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Sloan from
lawsuits which may be brought against them in their individual capacities
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 Sloan, 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.
The duty to defend or indemnify and hold harmless provided by
this chapter shall be conditioned upon delivery to the Village Attorney
or his assistant, at his office 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 the full
cooperation of the employee in the defense of such action or proceeding
and in defense of any action or proceeding against the state 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 defense pursuant to this chapter.