[Adopted 5-14-1979 by L.L. No. 7-1979[1]]
[1]
Editor's Note: Section 1 of this local law reads as follows: "Section 1. Legislative intent. It is the intention of the Village Board of the Incorporated Village of Bayville to indemnify and save harmless all officers and employees of the Village of Bayville from personal financial loss and/or legal expenses arising out of claims made against such officers and employees while acting within the scope of their employment. It is specifically intended that the provisions of this local law be broadly construed to include the indemnification of all officers and employees wherever possible."
As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Any person working for the Village for wages or salary which are subject to the withholding of taxes, or any independent contractor, given employee status for the purpose of this chapter by resolution duly adopted by the Board of Trustees.
OFFICER
The Mayor, Trustee, Planning Board member, Board of Zoning Appeals member, Committee of Architect Review member, Environmental Conservation Commission member, any duly appointed Commissioner or Deputy Commissioner, Treasurer, Clerk and such other officers, including deputies, as the Board of Trustees shall determine.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Village shall save harmless and indemnify all officers and employees of the Village from financial loss and legal expense arising out of any claim, demand, suit or judgment by reason of alleged past or future negligence or other act by such officer or employee, provided that such officer or employee, at the time damages were sustained, was acting in the discharge of his duties and within the scope of his employment and that such damages did not result from the willful and wrongful act or gross negligence of such officer or employee, and provided further that such officer or employee shall, within 10 days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original copy thereof to the attorneys for the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Upon such delivery, the Attorney for the Village or such other attorney selected by the Board of Trustees may assume control of the representation of such officer or employee. Such officer or employee shall cooperate fully with the Village Attorney's defense.
C. 
This section shall not in any way impair, limit or modify the rights and obligation of any insurer under any policy of insurance.
D. 
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.