[Amended 8-11-1986 by L.L. No. 1-1986]
The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Huntington
Bay 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. 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 provided
for state employees so as to continue to attract qualified individuals
to local government service. To this end, the Board of Trustees hereby
agrees that the benefits of § 18 of the Public Officers
Law of New York State shall be conferred upon its officers and employees
and that the village shall be liable for all costs thereby incurred.
The benefits conferred in § 18 of the Public Officers Law
shall supplement and shall be available in addition to the defense
or indemnification protection conferred within this chapter.
As used in the 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 Huntington Bay, 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
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 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
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.
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.
If any provision of this chapter or the application thereof
to any person or circumstance is held unconstitutional or invalid
in whole or in part by any court of competent jurisdiction, such holding
of unconstitutionality or invalidity shall in no way affect or impair
any other provision of this chapter or the application of any such
provision to any other person or circumstance.