[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 5-6-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 138.
As used in this chapter, the following terms shall have the
meanings indicated:
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program, or any other
person holding a position by election, appointment or employment in
the service of the Village, whether or not compensated, but shall
not include an independent contractor. The term "officers and employees"
shall include a former employee, his estate or judicially appointed
personal representative.[1]
Upon compliance by an officer or employee with the provisions of § 55-3 of this chapter, the Village shall provide for the defense of the officer or employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the officer or employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Village.
A.
The Village shall save harmless all officers and employees of the
Village from financial loss and legal expense and shall indemnify
and defend and pay any judgment arising out of any claim, demand or
suit arising on or after April 6, 1987, by reason of administrative
acts of such officer or employee, provided that, at the time damages
were sustained, such officer or employee was acting in the discharge
of his or her duties and within the scope of his or her office and
that such damages did not result from malicious acts or gross negligence
of such officer or employee.
B.
The duty to defend or indemnify and save harmless shall be conditioned
upon the delivery by the employee to the Village Attorney or the Village
Clerk of a written request to provide for his or her defense, together
with the original or a copy of any summons, complaint, process, notice,
demand or pleading, within 10 days after he or she 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 based upon the same act or omission and in the
prosecution of the appeal.
C.
The benefits of this section shall inure only to officers and employees
of the Village and shall not enlarge or diminish the rights of any
other party.
D.
This section shall not in any way impair, alter, limit or modify
the rights and obligations of any insurer under any policy of insurance.
[Amended by L.L. No. 3-2006; 7-19-2007 by L.L. No. 1-2007]
Nothing in this chapter shall authorize the Village to indemnify
or save harmless any officer or employee with respect to punitive
or exemplary damages, fines or penalties, or monies recovered from
an officer or employee pursuant to Article VII-A of the State Finance
Law, except as provided in Subsection A below:
A.
Police officers. Notwithstanding the provisions of any other law,
code or charter, the Village, to the extent that such insurance is
able to be procured with good-faith efforts, shall provide for the
defense and indemnification in any civil action, administrative proceeding
or judicial proceeding, seeking punitive or exemplary damages arising
out of a negligent act or other tort brought in any state or federal
court against a duly appointed police officer of the Incorporated
Village of Malverne, committed while in the proper discharge of his
or her duties and within the scope of his or her employment. Such
proper discharge of duties and scope of employment shall be determined
by a majority vote of the Malverne Board of Trustees.
A.
The provisions of this chapter shall not be construed to affect,
alter or repeal any provisions 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 under any provision of law.
C.
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 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 officers and employees for acts within
the purview of this chapter.
