The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Quogue from
losses which may be brought 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 employees as is presently provided for
state employees, so as to continue to attract qualified individuals
to local government service.
As used in this chapter, unless the context otherwise requires,
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 of Quogue, 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 "employee" shall include a former
employee, his estate or judicially appointed personal representative.
Upon compliance by the employee with the provisions of §
22-7 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 within the scope of his public employment or duties or which is brought to enforce a provision of 42 U.S.C. § 1981 or 1983. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village of Quogue.
The Village shall indemnify and save harmless its employees
in the amount of any judgment obtained against such employees in any
state or federal court or in the amount of any settlement of a claim,
provided that the act or omission from which such judgment or settlement
arose occurred while the employee was acting within the scope of his
public employment or duties. The duty to indemnify and save harmless
prescribed by this section shall not arise where the injury or damage
resulted from intentional wrongdoing or recklessness on the part of
the employee.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Village Attorney,
at his office, 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 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 employee that the Village provide for his
defense pursuant to this chapter.
The benefits of this chapter shall 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 provision 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 apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.
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 right to defense and/or 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.