As used in this chapter, the following terms shall have the
meanings indicated:
OFFICERS AND EMPLOYEES
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly 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, but shall
not include an independent contractor. The term "officers and employees"
shall include a former employee, his estate or judicially appointed
personal representative.
Upon compliance by an officer or employee with the provisions of §
55-3 of this chapter, the Village shall provide for the defense of the officer or employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the officer or employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Village.
[Amended by L.L. No. 3-2006; 7-19-2007 by L.L. No. 1-2007]
Nothing in this chapter shall authorize the Village to indemnify
or save harmless any officer or employee with respect to punitive
or exemplary damages, fines or penalties, or monies recovered from
an officer or employee pursuant to Article VII-A of the State Finance
Law, except as provided in Subsection A below:
A. Police officers. Notwithstanding the provisions of any other law,
code or charter, the Village, to the extent that such insurance is
able to be procured with good-faith efforts, shall provide for the
defense and indemnification in any civil action, administrative proceeding
or judicial proceeding, seeking punitive or exemplary damages arising
out of a negligent act or other tort brought in any state or federal
court against a duly appointed police officer of the Incorporated
Village of Malverne, committed while in the proper discharge of his
or her duties and within the scope of his or her employment. Such
proper discharge of duties and scope of employment shall be determined
by a majority vote of the Malverne Board of Trustees.
B. The Village shall seek to procure such insurance in an amount of
at least $5,000,000.
The Board of Trustees may, by resolution, undertake to purchase
liability insurance for its officers and employees for acts within
the purview of this chapter.