The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Cornwall-on-Hudson
from losses which may result from legal actions 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, 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 Cornwall-on-Hudson, 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.
VILLAGE ATTORNEY
The duly appointed Attorney for the Village.
[Added 1-20-2004 by L.L. No. 2-2004]
[Amended 1-20-2004 by L.L. No. 2-2004]
A. The Village shall indemnify and save harmless its employees in the
amount of any judgment obtained against such employees in any state
or federal court, or in the amount of any settlement of a claim, provided
that the act or omission from which such judgment or settlement arose
occurred while the employee was acting within the scope of his public
employment or duties; provided further that in the case of settlement
the duty to indemnify and save harmless shall be conditioned upon
the approval of the amount of settlement by the governing body of
the public entity.
B. Except as otherwise provided by law, the duty to indemnify and save
harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on
the part of the employee.
C. Nothing in this section shall authorize the Village to indemnify
or save harmless an employee with respect to punitive or exemplary
damages, fine or penalties, or money recovered from an employee pursuant
to § 51 of the General Municipal Law; provided, however,
that the Village may after a final judgment make a determination whether
to indemnify and save harmless its employees in the amount of any
costs, attorneys' fees, damages, fines or penalties which may
be imposed by reason of an adjudication that an employee, acting within
the scope of his employment or duties, has, without willfulness or
intent on his part, violated a prior order, judgment, consent decree
or stipulation of settlement entered in any court of this state or
of the United States.
D. This section shall not in any way affect the obligation of any claimant
to give notice to the Village under General Municipal Law § 51
or any other provision of law.
E. The Village is hereby authorized and empowered to purchase insurance
from any insurance company created by or under the laws of this state,
or authorized by law to transact business in this state, against any
liability imposed by the provision of this section or to act as a
self-insurer with respect hereto.
F. All payments made under the terms of this section, whether for insurance
or otherwise, shall be deemed to be for a public purpose and shall
be audited and paid in the same manner as other public charges.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Village Attorney
or his deputy, 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 the 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.
[Amended 1-20-2004 by L.L. No. 2-2004]
This chapter shall apply to all actions or proceedings in which
final judgment has not yet been entered.
[Amended 1-20-2004 by L.L. No. 2-2004]
If any provision of this chapter or the application thereof
to any person or circumstance be held unconstitutional or invalid
in whole or in part by any court, 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.
[Added 1-20-2004 by L.L. No. 2-2004]
This chapter shall take effect upon its filing in the notice
of the Secretary of State pursuant to § 27 of the Municipal
Home Rule Law.
[Added 1-20-2004 by L.L. No. 2-2004]