The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Manchester
from losses occasioned by civil actions or proceedings 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 Manchester, whether or
not compensated, or a volunteer expressly authorized to participate
in a municipality-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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Nothing in this chapter shall authorize a public entity to indemnify
or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties, or money recovered from an employee pursuant
to § 51 of the General Municipal Law; provided, however,
that the public entity shall 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 public 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 or the Village Hall by the employee
of the original or a copy of any summons, complaint, process, notice,
demand or pleading within 10 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 own 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 actions 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.