The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Massena 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 Massena, 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.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Village Attorney or his assistant,
at this 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 upon the full cooperation of the employee in
the defense of such action or proceeding and in defense of any action or proceeding
against the state 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 be extended to an employee of a negotiating
unit for which an agreement has been negotiated pursuant to the Civil Service
Law, Article 14, only if such agreement expressly so provides.
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.