The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Sag Harbor
from losses 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, the following terms shall have the
meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment, including
the appointed Village Attorney, Village Planning and Zoning Attorney,
and Village Planner and/or Environmental Consultant, or by employment
in the service of the Village of Sag Harbor, 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 personal representative.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Village Attorney,
at his office, by the employee, of the original or a copy of any summons,
complaint, process, notice, demand or pleading within five days after
he is served with such document and upon the full cooperation of the
employee in the defense of such action or proceeding and in 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 employee that the Village provide
for his defense pursuant to this chapter.
The benefits of this chapter 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 chapter be construed
to affect, alter or repeal any provision of the Workers' 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 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.