This chapter shall be known and may be cited as the "Indemnification
of Officers and Employees Law of the Incorporated Village of New Hyde Park,
New York."
The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village from damages which may be claimed
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 officers and employees
as is currently provided for state officers and employees, so as to continue
to attract qualified individuals to local government service.
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
OFFICER OR EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Incorporated Village of New Hyde Park, whether or not
compensated, or a volunteer expressly authorized to participate in a municipally
sponsored volunteer program, but shall not include an independent contractor.
The term "officer" or "employee" shall include a former officer or employee,
his estate or judicially appointed personal representative.
The duties to defend provided in this chapter shall be contingent upon
delivery by the officer or the employee to the Village Attorney or, if none,
to the Mayor, of the original or a copy of any summons, complaint, process,
notice, demand or pleading within five days after he or she is served with
such document and upon the full cooperation of the officer or 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. Such delivery shall be deemed a request by the officer or employee
that the Village provide for his or her defense pursuant to this chapter,
unless the officer or employee shall state in writing that the defense is
not requested.