[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.]
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.
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.
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.