The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of Monroe from losses which may be brought against them in their individual
capacities 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 of Monroe 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 Monroe, 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.
[Amended 7-6-1999 by L.L. No. 3-1999]
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 10 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 of Monroe 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 of Monroe 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.