[HISTORY: Adopted by the Board of Trustees of the Village of Dansville 11-11-1986 by L.L. No. 2-1986. Amendments noted where indicated.]
This chapter shall be entitled "A local law providing for the defense and indemnification of officers and employees of the Village of Dansville."
As used in this chapter, the following terms shall have the meanings indicated, unless the context requires otherwise:
EMPLOYEES
Any person holding a position by election, appointment or employment in the service of the Village, but shall not include an independent contractor. The term "employee" shall include a former employee, his or her estate or his or her judicially appointed personal representative.
VILLAGE
The Village of Dansville.
A. 
Upon compliance by the employee with the provisions of this chapter, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting in good faith purporting to act within the scope of his or her public employment or duties, or which is brought to enforce a provision of § 1981 or 1983 of Title 42 of the United States Code. Such defense shall not be provided where such civil action is brought by or on behalf of the Village pursuant to authorization of the Village Board of Trustees.
B. 
Subject to the conditions set forth in this chapter, the employees shall be represented by the Attorney for the Village or an attorney employed or retained by the Village or its insurer for the defense of the employee. The Village Board of Trustees shall certify that the employee is entitled to representation under the terms and conditions of this chapter. Any dispute with respect to representation of multiple employees by the Attorney for the Village or by an attorney employed or retained for such purposes shall be resolved by the court.
C. 
Where the employee delivers process and a request for the defense to the Village Clerk-Treasurer required by § 20-4 of this chapter, the Village Clerk-Treasurer shall deliver the process and request for a defense to the Village Board of Trustees who shall take the necessary steps, including the retention of an attorney on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
D. 
All issues concerning attorneys' fees and other expenses of litigation, if any, shall be decided at the time.
The duties to defend and indemnify and save harmless provided in this chapter shall be contingent upon:
A. 
Delivery to the Village Clerk-Treasurer of the original or a copy of any summons, complaint, process, notice, demand or pleading within 10 days after the employee is served with such document. Such delivery shall be deemed a request by the employee that the Village provide for his or her defense pursuant to this chapter, unless the employee shall state in writing that a defense is not requested; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Village based upon the same act or omission, and in the prosecution of any appeal.
A. 
The Village shall indemnify and save harmless any employee whose defense was provided pursuant to this chapter, in the amount of any judgment obtained against such employee or in the amount of any settlement or compromise approved by the Village Board of Trustees. The Village shall not indemnify and save harmless the employee:
(1) 
Where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee or occurred outside the scope of his duty;
(2) 
For any punitive or exemplary damages, fines or penalties; or
(3) 
For money recovered from the employee pursuant to § 51 of the General Municipal Law.
B. 
The claim or compromise settlement which may be subject to indemnification by the Village shall not be paid unless it is presented to and approved by the Village Board of Trustees.
C. 
Upon entry of final judgment against the employee, or upon settlement or compromise of a claim as approved by the Village Board of Trustees, the employee shall cause to be served upon the Village Clerk-Treasurer a copy of such judgment or settlement, personally or by certified or registered mail within 10 days of the date of entry or settlement. Such judgment or settlement shall be processed and paid in the same manner as other judgments or settlements of claims are paid by the Village.
The benefits of this chapter will 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 provisions 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 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 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.
The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this chapter.