[Adopted 3-11-1986 by L.L. No. 1-1986]
The Town Board of the Town of Champlain hereby confers the benefits
of § 18 of the Public Officers Law upon the officers and
employees of said Town and agrees to be held liable for costs incurred
under the provisions of such section.
The Town of Champlain shall provide for the defense of any Town
officer or employee in any civil action or proceeding arising out
of any alleged act or omission in which it is alleged that the officer
or employee has violated the civil rights of the claimant, petitioner
or plaintiff under §§ 1981 and 1983 of the United States
Civil Rights Act. The Town shall indemnify and save harmless such
officer or employee in the amount of any judgment or settlement of
claim obtained against such officer or employee. Such legal defense
and indemnification shall be provided where the officer or employee
at the time of such alleged act or omission was acting in good faith
and within the scope of his public employment, powers or duties. The
provisions of this section shall be in addition to any other statute,
local law or enactment providing legal defense and indemnification
in civil actions brought against such officer or employee.
The Town of Champlain shall provide for the defense and indemnification
of all Town officers and employees in any criminal action or proceeding
arising out of any alleged act or omission which occurred while the
officer or employee was acting within the scope of his public employment
or duties. This duty to provide for defense and indemnification shall
not arise where such criminal action or proceeding is brought by or
on behalf of the Town. The procedures outlined in § 18 of
the Public Officers Law for defense and indemnification of officers
and employees in civil cases shall apply, where appropriate, in such
criminal cases.
[Adopted 8-9-2005 by L.L. No. 1-2005]
This article is adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
The terms of office of the elected Town Supervisor, Town Highway Superintendent, and Town Clerk/Tax Collector shall be four years. Such four-year term shall commence as of the first day of January 2006, and shall apply to the person elected to such office at the biennial Town Election to be held on November 8, 2005, and to those elected thereafter, provided a proposition submitted pursuant to §
20-6 below is approved.
This article is adopted subject to a mandatory referendum and
shall be submitted for approval of the qualified voters of the Town
of Champlain at the biennial Town Election to be held on November
8, 2005. A proposition in the following form shall be included on
the ballot at such biennial Town Election, and the increased term
of office shall not take effect unless such proposition is approved
by a majority vote of the qualified voters voting thereon:
"Shall Local Law No. 1 in the year 2005, entitled 'A Local Law
Increasing the Term of Office of Town Supervisor, Town Highway Superintendent
and Town Clerk/Tax Collector from Two to Four Years,' be approved?"
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This article shall supersede Town Law § 24 relating
to the terms of office for Town Supervisor, Town Highway Superintendent,
and Town Clerk/Tax Collector of the Town of Champlain.