[Adopted 11-11-1991 as L.L. No. 2-1991]
The terms of office of the Mayor and all Trustees of the Village of
Kiryas Joel are hereby extended to four years.
Each affected office shall hereafter be filled for a term of four years,
commencing at the beginning of the official year following the next general
village election at which such office is to be filled.
[Adopted 4-28-1995 as L.L. No. 2-1995]
The purpose of this Article is to provide legal and financial protection
for those individuals serving the Village of Kiryas Joel from losses which
may result from legal actions which may be brought against them in their individual
capacity for actions taken while in the performance of their official duties
and responsibilities. In enacting this Article, the Board of Trustees finds
that the State of New York has enacted similar provisions for the legal and
financial security of its officers and employees and further finds that such
security is also required for local personnel. By enactment of this Article,
the Board of Trustees does not intend to limit or otherwise abrogate any existing
right or responsibility of the village or its employees with regard to indemnification
or legal defense. It is solely the intent of this Article to provide similar
coverage for local employees as is presently provided for state employees,
so as to continue to attract qualified individuals to local government service.
As used in this Article, 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 of Kiryas Joel, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally 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.
The duty to defend or indemnify and save harmless provided by this Article
shall be conditioned upon delivery to the Village Attorney, at his office,
by the employee of the original or a copy of any summons, complaint, process,
notice, demand or pleading within five days after being served with such document,
and by the full cooperation of the employee in the defense of such action
or proceeding and in defense of any action or proceeding against the state
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 a defense pursuant to this Article.