As used in this article, 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, whether or not a sponsored
volunteer expressly authorized to participate in a Village-sponsored
volunteer program, but shall not include a former employee, his estate
or judicially appointed personal representative.
Where the employee delivers process and a request for a defense to the Village Attorney as required by §
53-5 of this article, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in §
53-2B,
C and
D of this article, on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.
The duty to defend or indemnify and save harmless
prescribed by this article shall be conditioned upon delivery to the
Village Attorney 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 the full cooperation
of the employee in the defense of such action or proceeding and in
defense of an 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 article.
[Added 4-14-1997 by L.L. No. 6-1997]
Notwithstanding any other provision of this
chapter, the Village shall provide for the defense of any civil action
or proceeding brought against any duly appointed member of the Police
Department of the Village, and shall indemnify and save harmless such
member from any judgment of a court of competent jurisdiction, whenever
such action, proceeding or judgment is for damages, including punitive
or exemplary damages, arising out of a negligent act or other tort
of such member committed while in the proper discharge of such member's
duties and within the scope of such member's employment. The indemnification
and other protection provided by this subsection shall be in addition
to any other indemnifications or protections provided by this chapter
or any other law.
A. Whether or not the act or other tort alleged to have
been committed by such member was in the proper discharge of duties
and scope of employment shall be determined by majority vote of a
panel to consist of the Mayor or a person designated by the Mayor
to serve on such panel, a person designated by the Board of Trustees
and the Village Police Chief or, if the Police Chief is the member
against whom such claim has been asserted, the highest ranking other
officer in the Village Police Department.
B. The Village shall not be obligated to provide the
indemnification and other protection provided in this section unless
there is reasonably available to the Village one or more insurance
policies which will insure the Village against such claims, and the
Board of Trustees determines, in its sole discretion, to obtain such
insurance.