The purpose of this article is to provide financial
and legal protection for those individuals serving the Village of
Colonie 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 article, 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 article, the right or responsibility of the Village
or its employees with regard to indemnification of legal defense is
defined. It is solely the intent of this article 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 article, 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 Colonie, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, but shall include a former
employee, his or her estate or a judicially appointed personal representative.
The duty to defend or indemnify and save harmless
provided by this article shall be conditioned upon delivery to the
Village Attorney or his or her assistant, at his or her office, by
the employee, 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
employee in the defense of such action or proceeding and in the 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 or her defense pursuant to this article.
The benefits of this article 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 article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article 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 article shall apply to
all actions and proceedings pending on the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article 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.