[Amended 6-15-2011 by L.L. No. 2-2011]
The purpose of this article is to provide legal and financial
protection for those individuals serving the Village of Tuxedo Park
(hereinafter the "Village") from civil lawsuits, proceedings and fraudulent
public filings which may be brought against them in their individual
capacity for actions or omissions taken while acting within the scope
of their employment, or by virtue of their public office or employment. By
enactment of this article, the Village does not intend to establish
or enlarge any direct liability of the Village, or to limit or otherwise
abrogate any existing right or responsibility of the Village or its
officers or employees with regard to indemnification or legal defense.
As used in this article, the following terms shall have the
meanings indicated:
EMPLOYEE
Any employee, trustee, mayor, officer, member of a Village
board or commission, director, volunteer expressly authorized to participate
in a publicly sponsored volunteer program or any other person holding
a position by election, appointment or employment in the service of
the Village of Tuxedo Park, whether or not compensated, but shall
not include an independent contractor. The term "employee" shall include
a former employee, his or her estate or judicially appointed personal
representative.
VILLAGE ATTORNEY
The duly appointed Attorney for the Village or any attorney
designated to act on behalf of the Village Attorney.
The benefits of this article shall inure only to employees as
defined herein and shall neither enlarge nor 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.
This article shall not in any way affect the obligation of any
claimant to give notice to the Village under § 50-e of the
New York General Municipal Law, or any other provision of any law.
[Amended 6-15-2011 by L.L. No. 2-2011]
The provisions of this article shall apply to all actions, proceedings
and fraudulent public filings then pending on the effective date of
this article or thereafter instituted.
Except as otherwise specifically provided in this article, the
provisions of this article shall not be construed in any way to establish
or enlarge any direct liability of, or to impair, alter, limit, modify,
abrogate or restrict any immunity available to or conferred upon,
the Village or any unit, entity, officer or employee of Village, or
any right to a defense and/or indemnification provided for any Village
officer or employee by, in accordance with, or by reason of, any other
provision of county, state or federal statutory, regulatory or common
law.