[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 11-23-2010 by L.L. No. 8-2010. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 12, Defense and Indemnification, adopted 4-11-1995 by L.L. No. 1-1995. Local Law No. 11-2011 renumbered L.L. No. 8-2010, originally adopted as Ch. 102, and repealed former Ch. 12.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person holding a position by election, appointment or employment in the service of the Village of Spring Valley, whether compensated or not, but shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative. 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.
At the request of an employee and upon compliance by the employee with all of the provisions of this chapter, the Village of Spring Valley shall provide for the defense of an employee in any civil action or proceeding in any state or federal court, including actions under Sections 1981 through 1988 of Title 2 of the United States Code, arising out of any alleged act or omission which the Board of Trustees finds occurred while the employee was acting within the scope of his public service 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.
At the request of an employee and upon compliance by the employee with all of the provisions of this chapter, 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 Village Board of Trustees, provided that the Board of Trustees finds that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public service and in the discharge of his duties and was not in violation of any rule or regulation of the Village of Spring Valley at the time the alleged act or omission occurred and the damages were sustained.
The duty to defend or indemnify and save harmless prescribed by this chapter shall not arise where the alleged act or omission, injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee or where the civil action or proceeding is brought by or on behalf of the Village or any other federal, state or municipal entity.
The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon the following:
The delivery by the employee to the Village Clerk, at the office of the Village Clerk, of the original or a copy of any summons, complaint, notice, petition, process, demand or pleading within 10 days after the employee is served with such document; and
The full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the Village of Spring Valley 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. In the event that the Village shall assume an employee's defense and thereafter the employee fails to or refuses to cooperate in the formation or presentation of his defense, the court shall permit the Village to withdraw its representation 10 days after giving written notice to the employee of its intention to discontinue such representation.
In the event that the act or omission upon which the court action or proceeding against the employee is based was or is also the basis of a disciplinary proceeding by the Village against the employee, representation by the Village and indemnification by the Village may be withheld:
Every action or proceeding instituted hereunder, including an action brought to enforce a provision of Sections 1981 through 1988 of Title 42 of the United States Code, shall be commenced pursuant to the provisions of § 50-1 of the General Municipal Law and within one year and 90 days. No action or proceeding instituted hereunder, other than one instituted pursuant to Sections 1981 through 1988 of Title 42 of the United States Code, 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 and within 90 days after the claim arises.
Subject to the conditions set forth in this chapter, the employee shall be entitled to be represented by an attorney to be retained by the Board of Trustees. The Village of Spring Valley shall have no liability to represent, defend or hold harmless an employee who is represented by an attorney other than one retained by the Board of Trustees.
Nothing in this chapter shall authorize the Village of Spring Valley to represent, indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties or to money recovered from an employee pursuant to Article VII-A of the State Finance Law.
The provisions of this chapter shall not be construed to affect, alter or repeal any provision of the Workers' Compensation Law.
This chapter shall not in any way affect the obligation of any claimant to give notice to the Village of Spring Valley under any provision of 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.
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 employee of the Village, nor 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.
The Board of Trustees may, by resolution, undertake to purchase liability insurance for its employees to insure against acts or omissions covered by this chapter.
The provisions of this chapter shall apply to all actions and proceedings pending upon the effective date thereof or thereafter instituted.