[HISTORY: Adopted by the Board of Trustees of the Village of Pelham 10-7-1980 as L.L. No. 6-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 5.
As used in this chapter, unless the context otherwise requires, 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, whether or not compensated, or a volunteer expressly authorized by the Mayor and Board of Trustees to participate in a village-sponsored volunteer program, but shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
A. 
At the request of the employee and upon compliance by the employee with the provisions of § 4-3 of this chapter, the village shall provide the defense of an employee in any civil action or proceeding in any state or federal court, including actions under 42 U.S.C. §§ 1981 through 1988, arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of the village at the time the alleged act or omission occurred. This duty to provide for defense shall not arise where such civil action or proceeding is brought by or on behalf of the village or state or an agency of either.
B. 
The village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim approved by the Board of Trustees, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rules or regulations of the village at the time the alleged damages were sustained. The duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from the intentional wrongdoing or recklessness on the part of the employee.
The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon personal delivery to the Village Administrator or the Mayor of the village, by the employee, of the original or a copy of any summons, complaint, process, notice, demand or pleading within five (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 defense of any action or proceeding against the village based upon the same act or omission and a 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.
In the event that the act or omission upon which the court proceeding against the employee is based was or is also the basis of a disciplinary proceeding by the village against the employee, representation and indemnification by the village may be withheld until such disciplinary proceeding is resolved and unless the resolution of such disciplinary proceeding exonerates the employee as to such act or omission.
Every action or proceeding instituted hereunder, including an action brought to enforce the provisions of 42 U.S.C. §§ 1981 through 1988, shall be commenced pursuant to the provisions of § 50-i of the General Municipal Law of the State of New York, and within one (1) year and ninety (90) days. No action or proceeding instituted hereunder, other than one instituted pursuant to 42 U.S.C. §§ 1981 through 1988, shall be prosecuted or maintained against the village or an employee unless notice of claim shall have been made and served upon the village in compliance with § 50-e of the General Municipal Law of the State of New York and within ninety (90) days after the claim arises.
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 and 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 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.