[Adopted 9-12-1988 by L.L. No. 3-1998]
The Village Board hereby adopts § 18 of the New York Public
Officers Law and confers the benefit thereof on all Village officers and employees.
The Village shall provide for the defense of all officers and employees
in any civil action or proceeding arising out of any act or omission, including
such actions in which it is alleged that the Village officer or employee has
violated the civil rights of the petitioner, claimant or plaintiff under Sections
1981 or 1983 of the Federal Civil Rights Act.
The Village shall indemnify and save harmless such Village officers
and employees from any judgment or settlement of any claim obtained against
such officer or employee. Such legal defense and indemnification shall be
provided where the officer or employee, at the time of the alleged acts or
omissions, was acting in good faith and within the scope of his public employment,
powers or duties.
The provisions of this article shall be in addition to any other statutory
grant or protection or local law or resolution providing legal defense and
indemnification in civil actions brought against such officers or employees
of the Village.
Except as otherwise provided by law, the duty to indemnify and save
harmless provided herein shall not arise where the injury or damage is shown
by factual evidence to have resulted from intentional wrongdoing or recklessness
on the part of the officer or employee of the Village.
For the purpose of this article, indemnification shall include reimbursement
for legal fees and expenses incurred by officers or employees who are subject
to this article.
The duty to defend or indemnify and save harmless prescribed by this
article shall be conditioned upon:
A. Delivery by the officer or employee to the Village Attorney
or to the Mayor of a written request to provide for the defense of said officer
or employee, together with the original summons, complaint, process, notice,
demand or pleading, within 10 days after service thereof on the officer or
employee.
B. The full cooperation of the officer or 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 any appeal.
[Adopted 6-14-2004 by L.L. No. 6-2004]
The intent of this legislation is to indemnify the officers and employees
of the Village of Fishkill for punitive damages. Punitive damages are not
intended to compensate the injured party, but to punish the accused for his
conduct to deter him and others like him from similar actions in the future.
As such, the courts have found that it is against public policy to assess
punitive damages against the state or its political subdivisions. It is the
intent of this governing body that the protection afforded by this article
will allow 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 die same freedom.
As used in this article, 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 municipality,
whether or not compensated. The term "employee" shall include a former employee
or his/her estate or judicially appointed personal representative.
MUNICIPALITY
The Village of Fishkill, its departments and agencies.
Upon compliance by the employee with the provisions of §Â
6-11 of this article, the municipality shall provide for the defense of the employee in any civil administrative action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his/her public employment or duties. This duty to provide for a defense shall not arise where such civil administrative action or proceeding is brought by or at the behest of the municipality.
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 Attorney of a
written request to provide for his/her defense together with the original
or a copy of any summons, complaint, process, notice, demand or pleading within
10 days after he/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 municipality based upon the same act or omission, and in the prosecution
of any appeal.
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.
This article shall not in any way affect the obligation of any claimant
to give notice to the municipality under the Court of Claims Act § 10;
General Municipal Law § 50-e, or any other provision of law.
The Mayor is hereby authorized and empowered to purchase insurance from
any insurance company created by or under the laws of this state, or authorized
by law to transact business in this state, against any liability imposed by
the provisions of this article, or to act as a self-insurer with respect thereto.
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.