The purpose of this article is to provide legal
and financial protection for those individuals serving the Village
of Ocean Beach 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 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 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 Ocean Beach, 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 article 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 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 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 upon 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 government officer or employee by, in accordance
with or by reason of any other provision of state or federal statutory
or common law.