[HISTORY: Adopted by the Board of Trustees
of the Village of Old Field 6-14-1994 by L.L. No. 1-1994; amended in its entirety 6-10-2008 by L.L. No.
2-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 31.
A.
This Board of Trustees hereby finds that elected officials,
appointees and employees of the Village of Old Field are exposed to
personal liability for errors or omissions in the discharge of their
duties. This potential burden may discourage highly qualified people
from seeking elected office, or serving as appointees or employees
of the Village. The Board of Trustees further finds that elected officials,
appointees and employees of the Village should not face the risk of
personal liability where acting within the scope of their duties.
Accordingly, the Board of Trustees intends to exercise its power,
pursuant to Public Officers Law § 18, to defend and indemnify
its elected officials, appointees and employees of the Village who,
while acting in good faith within the lawful scope of his or her duties,
may be sued in civil litigation for a violation of law.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any person appointed by the Mayor and/or the Board of Trustees
as a member of a public board, committee or commission, including
an advisory board, commission or committee, to advise and/or assist
the Village of Old Field.
The Old Field Village Board of Trustees.
Any person elected, in a vote by the public, to a position
in the service of the Village of Old Field.
Any person holding a position by election, appointment or
employment in the service of the Village of Old Field, whether or
not compensated. With the exception of persons appointed to serve
the Village as Village Attorney, Village Prosecutor, Village Engineer
and Village Building Inspector, this term shall not include an independent
contractor. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
The Village of Old Field.
A.
The Village shall indemnify and hold harmless elected
officials, appointees and employees of the Village from any financial
loss and legal expense and shall defend and pay any judgment or settlement
arising out of any claim, demand, suit or judgment by reason of alleged
past or future negligence or other act, including intentional acts,
by such elected official, appointee or employee, provided that such
elected official, appointee or employee, at the time the claim arose,
was acting within the scope of his or her duties and within the scope
of his or her employment; provided further that in the case of a settlement,
the duty to indemnify and save harmless shall be conditioned upon
the approval of the amount of settlement by the Board of Trustees.
B.
Except as otherwise provided by law, the duty to defend
and indemnify prescribed by this chapter shall not arise where the
injury or damage resulted from intentional wrongdoing, recklessness
or gross negligence on the part of the elected official, appointee
or employee of the Village.
C.
Nothing in this chapter shall authorize the Village
to defend or indemnify these individuals with respect to punitive
or exemplary damages, fines or penalties, or money recovered from
said individuals pursuant to § 51 of the General Municipal
Law. Nothing in this chapter shall be construed to defend or indemnify
any individual prohibited from receiving defense or indemnity under
§ 18 of the Public Officers Law.
D.
Upon entry of a final judgment against said individuals
or upon the settlement of a claim, said individuals shall serve a
copy of such judgment or settlement, personally or by certified or
registered mail, within 30 days of the date of entry or settlement,
upon the Clerk of the Village, and, if not inconsistent with the provisions
of this section, the amount of such judgment or settlement shall be
paid by the Village.
The duty to defend and indemnify prescribed
by this chapter shall be conditioned upon:
A.
Delivery by the individual seeking defense or indemnity
to the Village Clerk the original or a copy of the summons, complaint,
process, notice, demand or pleading within 20 days after the individual
is served with such document; and
B.
The full cooperation of said individual in the defense
of any action or proceedings against the Village.
The benefits of this chapter shall inure only
to said individuals as defined herein and shall not enlarge or diminish
the rights of any other party. This chapter shall not in any way affect
the obligation of any claimant to give notice to the county under
§ 10 of the Court of Claims Act, § 50-e of the
General Municipal Law or any other provisions of law.
The Village is hereby authorized and empowered
to purchase insurance, from any insurance company created by or under
the laws of the State of New York or authorized by law to transact
business in the State of New York, against any liability imposed by
the provisions of this chapter or to act as a self-insurer with respect
thereto. All payment made under the terms of the law, 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.
The provisions of this chapter shall not be construed to impair, alter,
change or modify the rights and obligations of any insurer under any
policy of insurance.
Except as otherwise specifically provided by
this chapter, the provisions of the chapter shall not be construed
in any way to limit, alter, impair, modify, abrogate or restrict any
immunity to liability available to or conferred upon any Village employee
in accordance with or by reason of any other provision of state or
federal statutory or common law.
