The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Menands from losses as a result
of actions or proceedings 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 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, 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 Menands, 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 his judicially appointed personal
representative.
[Amended 9-2-1980 by L.L. No. 5-1980]
A. The duty to defend or indemnify and save harmless provided
by this chapter shall be conditioned upon:
(1) 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 five days after he is served with
such document; and
(2) 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.
B. Such delivery shall be deemed a request by the employee
that the Village provide for his defense pursuant to this chapter.