The Board of Trustees of the Village of Sea
Cliff hereby finds:
A. The purpose or this local law and Article
V created thereby is to provide legal and financial protection for those individuals serving the Incorporated Village of Sea Cliff from losses resulting from any civil or administrative action or proceeding, state or federal, 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 local law and Article
V, the Board of Trustees of the Incorporated Village of Sea Cliff 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 local law and Article
V, the Board of Trustees of the Incorporated Village of Sea Cliff 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 the intent of this local law and the enactment of Article
V to provide coverage for local employees at least equal to that coverage which is presently provided for state employees, so as to continue to attract qualified individuals to local government services.
B. The enactment of this local law will further the public
interest by encouraging and inducing persons to enter or remain in
public service by assuring them that they will be provided benefits,
i.e., defense and indemnification, in relation to actions brought
against them. Without such protection it would be difficult for the
Village to attract and keep competent public officers and employees,
particularly since the compensation to such persons is minimal or
nonexistent. Without assurance that the officers and employees of
the Village will not be called upon to personally defend themselves
against claims arising out of the daily operation of Village government
or to account in damages therefor, the Village cannot function effectively.
C. The courts have found that it is against public policy to assess punitive damages against the state or its political subdivisions. It is the further intent of this legislation and the enactment of Article
V thereby to indemnify the officers and employees of the Incorporated Village of Sea Cliff for punitive damages. The purpose of the Board of Trustees of the Incorporated Village of Sea Cliff in adopting this local law and Article
V is that the protection afforded by this local law and Article
V will allow and encourage suitable and highly qualified individuals to serve in government free from fear of unwarranted personal exposure and will allow those in government service to carry out their day-to-day activities with the same freedom.
For the purposes of this article, unless the
context or subject matter otherwise requires, the terms used herein
aware defined as follows:
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, department head, employee, volunteer expressly
authorized to participate in a publicly sponsored volunteer program,
or any other person holding a position by election, appointment or
employment in the service of the Village, whether or not compensated,
and shall include the employee in both his or her individual and/or
official capacity. The term "employee" shall include a former employee,
and his or her estate or judicially appointed personal representative.
VILLAGE
The Incorporated Village of Sea Cliff.
Nothing in this article shall authorize the
Village to indemnify or save harmless an employee with respect to
any money recovered from an employee pursuant to § 51 of
the General Municipal Law.
The Village shall indemnify and save harmless
its employees in the amount of any costs, attorneys' fees, damages,
fines or penalties which may be imposed by reason of an adjudication
that any employee acting within the scope of his or her public employment
or duties has, without willfulness or intent on his or her part, violated
a prior order, judgment, consent decree or stipulation of settlement
entered in any civil or administrative action or proceeding in any
state or federal court or administrative tribunal.
The duty to defend or indemnify and save harmless
prescribed by this article shall be conditioned upon:
A. Delivery by the employee to the Village Clerk of a
written request to provide for his or her defense, together with the
original or a copy of any summons, complaint, process, notice, demand
or pleading, within 10 days after he or she is served with such document.
B. 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.
All payments made under the terms of this article,
whether for insurance or otherwise, shall be deemed to be for a public
purpose and shall be audited and paid in the same manner as other
public charges.
This local law and Article
V enacted pursuant thereto shall apply to all civil or administrative actions or proceedings in which final judgment has not yet been entered.
If any clause, sentence, paragraph, section, part or provision of this local law or the enactment of Article
V pursuant thereto or the application thereof to any person or circumstance shall be held unconstitutional or invalid in whole or in part by any court of competent jurisdiction, such holding of unconstitutionality or invalidity shall in no way affect, impair, or invalidate any other clause, sentence, paragraph, section, part or provision of this local law or Article
V or the application of any such clause, sentence, paragraph, section, part or provision to any other person or circumstance.