[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 5-5-1988 by L.L No. 20-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- VILLAGE OFFICIALS
- Includes the present or former Mayor, Trustees, Village Clerk, Deputy
Village Clerk, Village Attorney, Village Treasurer, Village Justice, Acting
Village Justice, Village Engineer, Board of Appeals, Planning Committee, Architectural
Review Committee and any and all Code Enforcement Officials and each person
who, at any time on or after the effective date of this chapter, shall be
a member of any such board or commission or shall be the holder of any such
office or position.[Amended 4-2-2001 by L.L. No. 1-2001]
Except as provided in § 20-3 of this chapter, whenever any Village official shall be a defendant in any civil, criminal or administrative action or proceeding, or any appeal therein, hereafter brought against him arising out of the alleged exercise of or failure to exercise his powers or the alleged violation of his duties as such Village official, the reasonable costs and expenses, including the fees and expenses of legal counsel, incurred by such Village official in connection with the defense of such an action or proceeding, as well as all costs and damages adjudged or assessed against him in such action or proceeding, shall be a Village charge and shall be audited and paid in the same manner as a final judgment against the Village, whether or not such official holds office at the time such action or proceeding is begun or such liability or expense is incurred; provided, however, that if the Board of Trustees of said Village shall designate legal counsel to represent a Village official in any such action or proceeding or in any appeal therein, then, unless the counsel so designated shall be accepted by such Village official as his counsel, the Village shall be relieved of any liability hereunder with respect to such action or proceeding, and provided further that unless and until such designation is made by the Board of Trustees, such Village official may be represented by legal counsel of his own choosing, whose reasonable fees and expenses shall be paid as hereinabove provided.
Section 20-2 of this chapter shall not apply in the case of any action or proceeding:
As to which a Village official shall fail to notify the Board of Trustees of such Village with reasonable promptness of the commencement of such action or proceeding against him.
In which the hearing tribunal or the appellate tribunal, if appealed, shall render a final determination, expressed in a specific finding to that effect, that the alleged wrongdoing or violation of duty involved criminal conduct, bad faith or gross negligence on the part of the Village official in question.
The rights, privileges and immunities provided in this chapter shall inure to the benefit of the personal representatives of any such Village official.