[HISTORY: Adopted by the Board of Trustees of the Village
of Spring Valley 11-23-2010 by L.L. No. 8-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former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adopted as Ch. 102, and repealed former Ch. 12.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.
A.
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.
B.
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.
A.
The duty to defend or indemnify and save harmless prescribed by this
chapter shall be conditioned upon the following:
(1)
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
(2)
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.
B.
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.
A.
The provisions of this chapter shall not be construed to affect,
alter or repeal any provision of the Workers' Compensation Law.
B.
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.
C.
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.
D.
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.
