The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Westbury 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 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 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 or employment in the service of the Village of Westbury,
whether or not compensated. The term "employee" shall not include an independent
contractor. The term "employee" shall include a former employee, the employee's
estate or a 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 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 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 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.
[Amended 11-5-1981 by L.L. No. 10-1981]
A. 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 provisions of state or federal
statutory or common law.
B. Pursuant to the provisions of the Public
Officers Law, the Board of Trustees, the governing body of the Village of
Westbury, hereby agrees to be held liable for any costs incurred under the
provisions of § 18 of the Public Officers Law, by conferring upon
the officers and employees of the Village of Westbury the benefits of § 18
of such law. Such benefits shall supplement and be available in addition to
defense or indemnification protection conferred by this or any other enactment.