This chapter shall be known as "A Law to Provide for the Defense
and Indemnification of Officers and Employees of the Village of Liverpool."
This chapter provides for the legal defense and indemnification
of judgments against employees of the Village of Liverpool.
For the purpose of this chapter, the following terms shall have
the meanings given herein:
EMPLOYEE
Any person who is an officer or employee of the Village of
Liverpool, or any member of any Village board, council or commission
or a volunteer expressly authorized to participate in a Village-sponsored
volunteer program, or any other person holding a position by election,
appointment or employment in the service of the Village, whether or
not compensated. The term "employee" shall include a former employee,
his or her estate or judicially approved personal representative but
shall not include an independent contractor.
VILLAGE
The Incorporated Village of Liverpool, County of Onondaga,
State of New York.
By the adoption of this chapter, the Village hereby agrees to
confer upon its employees the benefits of § 18 of the Public
Officers Law of the State of New York and to be held liable for the
costs incurred under its provisions.
Subject to the terms, provisions and conditions contained in
said Public Officers Law, the Village shall provide for the legal
defense and indemnification of its employees for acts or omissions
which occurred while they were acting or, in good faith, purporting
to act within the scope of their public employment or duties.
Any dispute as to whether an employee was acting or, in good
faith, purporting to act within the scope of his or her employment
or duties shall be resolved by the Board of Trustees, which shall
review and consider the facts and circumstances out of which the complaint
arose. The Board of Trustees need not limit its review to the allegations
contained in the legal proceedings and may reassess any determination
based on additional evidence or subsequent developments in the action
or proceeding.