[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
9-12-1989 by L.L. No. 4-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 28.
This chapter shall be known as the "Defense of the Village Officers
and Employees Law" of the Village of Pittsford.
The following terms shall have the meanings indicated:
Any person holding a position by election, appointment or employment
in the service of the village, but shall not include a volunteer, any person
not compensated for his services or an independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed personal
representative.
Any elected or appointed official of the village.
A.
The village shall provide, without charge to the persons
involved, legal defense for any village officer or employee in connection
with any claim, suit for damages or other action against such person arising
in connection with the performance by such officer or employee of his or her
public duties.
B.
Such employee or officer may have his or her own counsel
to assist in the defense, at the expense of the officer or employee.
Any village officer or employee who is held liable for the payment of
any claims or damages, by way of judgment or settlement, shall be entitled
to indemnification by the village where the acts resulting in such liability
were done in good faith, without malice and within the scope of authority
of the officer or employee.
The provisions of this chapter shall apply only where the village has
been given notice of any actions brought against any village employee or officer
within five days after the service of legal documents upon said officer or
employee.
Nothing in this chapter shall be construed to require the Village Attorney
to provide legal services in any action which would cause the Attorney to
be involved in a conflict of interest.
The benefits of this chapter are applicable only to officers and employees
as defined herein and shall not enlarge or diminish the rights of any other
party. No provision of this section shall be construed to alter, affect or
repeal any provision of the Worker's 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
initiated on or after the effective date of this chapter.
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 other level of government
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 provisions
of local, state, federal, statutory or common law.
