The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
from losses which may be sustained by them in their individual capacity
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 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 presently provided for state
employees, so as to continue to attract qualified individuals to local
government service.
[Amended 11-6-2008 by L.L. No. 5-2008]
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program, or any other
person holding a position by election, appointment, designation or
employment in the service of the Village, whether or not compensated,
and any person who previously served the Village in any such capacity
and the estate or judicially appointed representative of any such
person.
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 5 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 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 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 provisions of this section
be construed to affect, alter or repeal any provision of the New York
State Workers' Compensation Law.
Pursuant to the provisions of New York State
Public Officers Law § 18, the Village hereby confers upon
its employees and officers, and agrees to be liable for the costs
and expenses of, the benefits of said § 18, which benefits
shall supplement and be available in addition to defense or indemnification
protection conferred by this chapter.
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, 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.