[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 6-15-1982
by L.L. No. 3-1982 (Ch. 13 of the 1993 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
Any person holding a position by election, appointment or employment
in the service of the village, but shall not include a volunteer or an independent
contractor. The term "employee" shall include a former employee, his or her
estate or a judicially appointed personal representative.
A.
Upon compliance by the employee with the provisions of § 9-3 of this chapter, the village shall provide for the cost of the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his or her public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the village.
B.
In addition to the cost of defense, the village will
also pay, on behalf of the employee, any loss which said employee shall be
legally obligated to pay as damages arising out of any act or omission which
occurred or is alleged to have occurred while the employee was acting or in
good faith purporting to act within the scope of his or her public employment
or duties.
C.
Notwithstanding any other provision herein, the total
cost to the village under this chapter for any one legal action shall be limited
to $7,500.
The duties to defend and indemnify provided in this chapter shall be
contingent upon the delivery to the Village Attorney or, if none, to the Village
Mayor of the original or a copy of any summons, complaint, process, notice,
demand or pleading within five 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 defense of any action or proceeding against the village
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 or her defense pursuant to this chapter, unless the employee shall
state, in writing, that a defense is not requested.
The benefits of this chapter will inure only to employees and appointees
as defined herein and shall not enlarge or diminish the rights of any other
party, nor shall any provision of this chapter be construed to affect, alter
or repeal any provisions of the Workers' Compensation Law.
The benefits of this chapter shall be extended to any employee of a
negotiating unit for which an agreement has been negotiated pursuant to the
Civil Service Law, Article 14, only if such agreement expressly so provides.
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
unit, entity, officer or employee of the village or any right to defense 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 provisions of this chapter shall apply in all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.
