The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Mineola from
losses 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 of Mineola or its employees with regard to indemnification
or legal defense. It is solely the intent of this chapter to provide
maximum coverage for local employees such 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 Mineola, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipality-sponsored volunteer program and shall include a former
employee, his or her estate or a judicially appointed personal representative.
The benefits of this chapter will 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 provisions 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, whether or not the actions or commissions complained of
occurred prior to or subsequent to the effective date of this chapter.
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.