The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Hillburn 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 an amendment to the Public
Officers Law by adding § 18 to said law, which allows local
public entities to provide for the legal and financial security of
its local officers and, 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 coverage for local employees as allowed, 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 Hillburn, 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
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 sections 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.