The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Morrisville, 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 Village 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 Village 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,
in accordance with § 18 of the Public Officers Law.
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 Morrisville, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally sponsored
volunteer program. 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 his office, by the employee of the original or a copy of any summons, complaint,
process, notice, demand or pleading within ten (10) days after he is served
with such document and 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. Such delivery shall be deemed a request by the employee that the
village provide for his defense pursuant to this chapter.
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.
Nothing in this chapter shall authorize the village to indemnify or
save harmless an employee with respect to punitive or exemplary damages, fines
or penalties or money recovered from an employee pursuant to § 51
of the General Municipal Law; provided, however, that 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 an employee, acting within the scope of his public employment or duties,
has, without willfulness or intent on his part, violated a prior order, judgment,
consent decree or stipulation of settlement entered in any court of this state
or of the United States.
This chapter shall not in any way affect the obligation of any claimant
to give notice to the village under § 10 of the Court of Claims
Act, § 50-e of the General Municipal Law or any other provision
of law.