Cross Reference:
Public notices — See §
15-15
State Law Reference:
Powers of incorporated Village, Village Law, § 1-102;
general powers of Village Board of Trustees, Village Law, § 4-412;
enforcement of ordinances, Village Law, § 20-2010.
Unless otherwise provided by resolution of the Village Board
of Trustees, meetings of the Board shall be held on the second Monday
and fourth Monday evening of each month at the Village Hall at 8:00
p.m., provided that the annual meeting of the Village Board of Trustees
shall be held on the first Monday in April at the Village Hall at
8:00 p.m.
All meetings of the Village Board of Trustees shall be open
to the public; provided, however, that the Board shall have the authority
to sit in executive session, which session shall be closed to the
public.
The Village Board of Trustees shall determine and prescribe
the rules for the conduct of its meetings and the order of business
thereat.
The Village Clerk shall keep a journal of the proceedings of
the Village Board of Trustees, which journal shall be open to public
inspection in the office of the Village Clerk.
At its annual meeting in April of each year, the Village Board
of Trustees by resolution or ordinance shall establish the standing
committees of the Board and shall prescribe the functions and duties
thereof.
At the annual meeting of the Village Board of Trustees in April
of each year, the Mayor shall appoint one Trustee as Chairman of each
standing committee established by the Board.
The conduct of business and affairs of the Village shall be
through departments established and organized for the purpose by resolution
of the Village Board of Trustees. Each such department shall be under
the supervision of a member of the Village Board of Trustees appointed
for the purpose.
All the powers and duties to the Village Clerk by any Village
ordinances shall be exercised by him under the direction and supervision
of the Mayor and the Board of Trustees of the Village.
All ordinances shall take effect upon their publication, unless
an ordinance shall otherwise specify the time when it shall go into
effect.
The Village Clerk shall keep a record of ordinances chronologically
according to the date of their adoption. In addition thereto, a copy
of each ordinance shall be recorded in a suitable record book, in
such form that ready reference to amendments or additions thereto
may be had, and such ordinances, amendments or additions may appear
and be numbered in accordance with the numbering system of this Code
of Ordinances. The Village Clerk shall further maintain a file with
separate folders for each ordinance hereafter adopted, in which folder
shall be kept at all times a copy of the ordinance, a record of the
section referred to, the number and date of adoption of the ordinance
and proof of publication and notice of hearing thereon, and such other
data as may be useful or needful to establish the validity thereof.
The Village Clerk shall also maintain an index to this Code of Ordinances,
recording all changes and amendments, and shall keep and maintain
such other records of ordinances as may be required by law or by direction
of the Village Board of Trustees.
No person shall carry out or remove any papers, plans, specifications,
documents or records of any property whatsoever belonging to the Village,
from any of the Village offices or rooms, in the respective departments
where such papers, specifications, plans, documents or records properly
belong, except under the direction of the Mayor or Village Board of
Trustees.
[L.L. No. 2-1978, §§ 1 — 3; L.L. No. 11-1987, § 1; L.L. No. 2-2014, §§ 1
— 3]
(a) Purpose;
legislative authority. The Village Board of Trustees finds that, due
to the relatively small population of the Village of Tuckahoe, it
is not always possible to fill certain appointive offices, employment
positions and/or nonjudicial positions in Village government requiring
municipal, administrative or financial expertise with Village of Tuckahoe
or Town of Eastchester residents who are duly qualified to hold such
positions. The Village Board of Trustees further finds that it is
authorized to appoint qualified residents of Westchester County outside
of the Village of Tuckahoe and Town of Eastchester to said offices
pursuant to § 3-300 of the New York State Village Law as
well as further appoint qualified residents of Westchester County
to certain positions of employment. The Village Board of Trustees
further finds that it is authorized under § 3-300 of the New
York State Village Law and § 10 of the New York State Municipal
Home Rule Law to expand such residency requirements to allow residents
of Westchester County to be eligible for appointment to said offices
as well as further allow for residents of Westchester County to be
eligible to hold certain positions of employment.
(b) Definition.
"Residence" is defined in this section to mean the abode or place
where one actually lives and maintains a fixed, permanent and principal
home.
(c) Residency
within the County of Westchester required. Notwithstanding any other
general or special law, no person shall be eligible to be appointed
to or hold office of the Village Clerk, Deputy Village Clerk, Village
Treasurer, Deputy Treasurer, Village Assessor, Deputy Assessor, Building
Inspector/Facilities Manager, Code Enforcement Officer, Village Court
Clerk or Assistant Court Clerk who is not a citizen of the United
States, is not at least 18 years of age and is not a resident of Westchester
County, New York. No person shall be eligible to hold the position
of employment as Village Attorney or Deputy Village Attorney who is
not a citizen of the United States, is not at least 18 years of age
and is not a resident of Westchester County, New York. No person shall
be eligible to be appointed as an election inspector in the Village
of Tuckahoe unless such person is a resident of Westchester County,
New York.
(d) This section
shall change and supersede § 3-300, Subdivision 2, of the
New York State Village Law, as last amended; § 3 of the
New York State Public Officers Law, as last amended; and § 23
of the New York State Town Law, as last amended, to the extent that
the provisions thereof conflict with or are contrary to the provisions
of this section. The provisions of the section shall govern and control
in the event of conflict.
(e) Insofar
as the provisions of this section are inconsistent with the provisions
of any other Village of Tuckahoe local law or resolution and/or the
terms or provisions set forth in the Village Code of the Village of
Tuckahoe, the provisions of this section shall be controlling and
shall govern.
(f) If any
section of this section shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be
deemed to affect, impair, or invalidate the remainder of this section.
(g) This section
shall take effect immediately upon filing with the Secretary of State
of the State of New York and shall apply to all persons currently
holding the positions of Village Clerk, Deputy Village Clerk, Village
Treasurer, Deputy Treasurer, Village Assessor, Deputy Assessor, Building
Inspector/Facilities Manager, Code Enforcement Officer, Village Court
Clerk, Assistant Court Clerk, Village Attorney and Deputy Village
Attorney as well as any persons hereafter appointed to fill such
offices or such positions of employment.
[L.L. No. 5-1980, §§ 1-8; L.L. No. 2-2001,
§ 4; L.L. No. 2-2001, § 5]
(a) Definitions. As used in this section, unless the context otherwise
requires:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Village, but shall not include an
independent contractor. The term "employee" shall include a former
employee, his estate or judicially appointed personal representative.
(b) When provided, general procedures.
(1) Upon compliance by the employee with the provisions of Subsection
(c) of this section, the Village shall provide for the defense of
the employee in any civil action or proceeding in any state or federal
court arising out of any alleged act or omission which occurred or
is alleged in the complaint to have occurred while the employee was
acting or, in good faith, purporting to act within the scope of his
public employment or duties, or which is brought to enforce a provision
of Section 1981 or 1983 of Title 42 of the United States Code or other
federal laws. Such defense shall not be provided where such civil
action or proceeding is brought by or on behalf of the Village.
(2) Subject to the conditions set forth in this section, the employee
shall be represented by the Village Attorney or an attorney employed
or retained by the Village for the defense of the employee. The Village
Board shall employ or retain an attorney for the defense of the employee
whenever:
a. The Village does not have a Village Attorney;
b. The Village Board determines, based upon its investigation and review
of the facts and circumstances of the case, that representation by
the Village would be inappropriate; or
c. A court of competent jurisdiction determines that a conflict of interest
exists and that the employee cannot be represented by the Village
Attorney. Reasonable attorney's fees and litigation expenses
shall be paid by the Village to such attorney employed or retained,
from time to time, during the pendency of the civil action or proceeding,
subject to certification by the Mayor that the employee is entitled
to representation under the terms and conditions of this section.
Payment of such fees and expenses shall be made in the same manner
as payment of other claims and expenses of the Village. Any dispute
with respect to representation of multiple employees by the Village
Attorney or by any attorney employed or retained for such purposes,
or with respect to the amount of the fees or expenses, shall be resolved
by the court.
(3) When the employee delivers process and a request for a defense to
the Village Attorney or the Mayor, as required by Subsection (c) of
this section, the Village Attorney or Mayor, as the case may be, shall
take the necessary steps including the retention of an attorney under
the terms and conditions provided in Paragraph (2) of this subsection,
on behalf of the employee to avoid entry of a default judgment, pending
resolution of any question relating to the obligation of the Village
to provide a defense.
(c) Duties to defend. The duties to defend provided in this section shall
be contingent upon:
(1) Delivery to the Village Attorney or, if none, to the Mayor, of the
original or a copy of any summons, complaint, process, note, demand
or pleading within five days after he is served with such document;
and
(2) The full cooperation of the employee in the defense of such action
or proceeding and defense of any action or proceeding against the
Village, based upon the same act or omission and in the prosecution
of any appeal.
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Such delivery shall be deemed a request by the employee that
the Village provide for his defense pursuant to this section, unless
the employee shall state, in writing, that a defense is not requested.
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(d) Judgments and settlements; when Village shall not indemnify employee.
(1) The Village shall indemnify and save harmless any employee whose
defense was provided pursuant to this section in the amount of any
judgment obtained against such employee or in the amount of any settlement
or compromise approved by the Village Board. The Village shall not
indemnify and save harmless the employee:
a. When the injury or damage resulted from intentional wrongdoing or
recklessness on the part of the employee;
b. For money recovered from the employee pursuant to § 51
of the General Municipal Law.
(2) Any claim or compromise settlement which may be subject to indemnification
by the Village shall not be paid unless it is presented to and approved
by the Village Board.
(3) Upon entry of a final judgment against the employee or upon settlement
or compromise of a claim as approved by the Village Board, the employee
shall cause to be served upon the Mayor a copy of such judgment or
settlement, personally or by certified or registered mail, within
30 days of the date of entry or settlement. Such judgment or settlement
shall be processed and paid in the same manner as other judgments
or settlements of claims paid by the Village.
(4) The Village shall indemnify and save harmless an employee in the
amount of any costs, attorneys' fees, damages, fines or penalties
which may be imposed by reason of an adjudication that any employee
acting within the scope of his/her public employment or duties has,
without willfulness or intent on his/her part, violated a prior order,
judgment, consent decree or stipulation of settlement.
(5) The Village shall also indemnify and save harmless an employee in
the amount of any punitive damages in accordance with the following
procedure and such additional procedures as may be established by
the Board of Trustees:
a. Within 20 days of employee's delivery to the Village Clerk of
a summons, complaint, notice, demand or other pleading containing
a demand for punitive damages, the Village Attorney shall make an
initial determination whether the employee should or should not be
indemnified against any punitive damages, based upon the facts and
circumstances then known to the Village Attorney as follows:
1.
Whether the employee's actions were or were not within
the scope of his/her employment.
2.
Whether the employee's action were or were not reckless,
malicious, grossly negligent or otherwise outside of the standards
required for employees holding comparable positions with the Village.
3.
Whether the employee's actions were or were not made in
good faith and in the best interests of the Village.
4.
Whether the employee did or did not willfully violate a clearly
established provision of law or Village policy.
b. In the event of a final judgment of punitive damages against the
employee, the employee or his/her attorney shall serve copies of such
judgment upon the Village Clerk personally or by certified or registered
mail within 10 days of the date of entry. The Village Board of Trustees
shall meet as soon as practicable to review, make findings taking
into consideration and giving weight to the initial and any additional
findings made by the Village Attorney provided the employee did not
previously misrepresent or omit material facts adduced at trial),
and determine if the following have been met, and if so met, shall
arrange for or appropriate the funds necessary to pay such punitive
damages:
1.
The judgment of punitive damages is based on an act or omission
of an employee acting within the scope of his/her employment;
2.
At the time of the action or omission giving rise to the liability,
the employee acted:
(ii)
Without maliciousness; and
(iii) Without gross negligence;
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and within the standards required for employees holding comparable
positions with the Village.
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3.
At the time of the act or omission, the employee acted in good
faith and in the best interests of the Village; and
4.
At the time of the act or omission, the employee did not willfully
violate a clearly established provision of law or Village policy.
c. Deliberations, findings and determinations of the Village Attorney
as described in this Subsection (d)(5) are and shall remain confidential.
(e) Scope of benefits. The benefits of this section will accrue only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party nor shall any provision of this section
be construed to affect, alter or repeal any provisions of the Workers'
Compensation Law.
(f) Insurance policies shall not be altered, etc., by this section. The
provisions of this section shall not be construed to impair, alter,
limit or modify the rights and obligations of any insurer under any
policy of insurance.
(g) Right of employee to defense in accordance with federal statutory
or common law shall not be altered, etc., by section. As otherwise
specifically provided in this section, the provisions of this section
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 nor any right to
defense and/or indemnification provided for any governmental officer
or employee by, in accordance with, or by reason of, any other provision
of state or federal statutory or common law.
(h) Applicability. The provisions of this section shall apply to all
actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this section.
(i) All payments under the provisions of this §
2-13, whether for or by insurance or otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges.
(j) If any provision of this §
2-13 or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this §
2-13 or the application of any such provision to any other person or circumstance.
[L.L. No. 12-1986, § 1]
(a) No person shall simultaneously hold a Village elected office and
a town elected office.
(b) In the event that a Village elected official takes the oath of office
for a town elected office, the taking of such oath shall constitute
an automatic resignation from the Village elected office effective
as of the date of the oath. The signing of the town oath book shall
constitute the taking of such oath.
(c) If a town elected official is elected to a Village office, such person
shall not be deemed to be qualified for the Village office until such
person has, in accordance with applicable New York State law, tendered
a written resignation from the town elected office.
(d) Nothing in this §
2-14 shall be deemed to alter or amend any provisions of the New York State General Municipal Law, Public Officers Law, Election Law, Village Law, Town Law or other applicable law relating to the election, appointment and resignation of elected officials.
[L.L. No. 3-1987, § 1; L.L. No. 10-1987, § 1]
All regular public meetings of the Village Board of Trustees
and all public meetings or hearings held by or at the special request
of the Village Board of Trustees shall be recorded on video tape.
All such public meetings shall be broadcast live on the local cable
television station and rebroadcast six times within the two weeks
after the dates of each meeting. The Village Clerk shall maintain
on file the original or a true copy of all video tapes that are made
or produced showing meetings of the Village Board of Trustees and
any other official Village public meetings or hearings. Such tapes
shall be maintained in chronological order in secure storage at the
Village Hall for a period of at least 10 years and shall thereafter
be maintained at the Tuckahoe Public Library.
[L.L. No. 1-1989, § 1]
All employees of the Village and all applicants for peddler
and vendor permits shall be required to have their fingerprints taken
by the Village Police Department.
The Chief of Police may forward such fingerprint impressions
to the Division of Criminal Justice Services of the State of New York
for investigation and examination.
[L.L. No. 1-1997, § 2]
(a) Records management officer (RMO). The Village Clerk shall be the
RMO and shall be responsible for the records management program established
by this section. Said officer will be responsible for administering
the noncurrent (inactive) and archival public records for the Village
of Tuckahoe in accordance with local, state and federal laws and guidelines.
Said officer shall also be responsible for overseeing micrographics
and technology projects involving the Village of Tuckahoe records
according to quality control specifications and guidelines.
(b) Powers and duties.
(1) The Village Clerk or his/her designee shall have the necessary powers
to carry out the efficient administration of records including policies/procedures
development, the determination of value, use, preservation, storage
and disposition of the noncurrent (inactive) and archival public records
kept, filed or received by the offices and departments of the Village
of Tuckahoe.
(2) The Village Clerk or his/her designee shall establish guidelines
for proper records management in any department of the Village of
Tuckahoe in accordance with local, state and federal laws, regulations
and official policies/procedures.
(3) The Village Clerk or his/her designee shall report annually to the
Village Board of Trustees on the powers and duties herein mentioned,
including but not limited to the cost/benefit ratio, efficiencies
and administrative economies of programs implemented by the Village
Clerk or the RMO's designee.
(c) Records center. The Village Clerk shall have at his/her disposal
adequate designated space dedicated specifically for the storage,
processing, and servicing of noncurrent (inactive) and archival records
for all local government departments and agencies. The records center
will be administered by the Village Clerk or his/her designee.
(d) Disposition.
(1) The Village Clerk or his/her designee shall be the sole officer with
authority over the disposition of local government records in consultation
with the respective local government officer or department head who
has custody of the records of his/her respective office or department,
and with the local Records Advisory Board, where one exists.
(2) Records shall be transferred to the Village archives upon the recommendation
of the RMO according to policies/procedures, with the approval of
the head of the department which has legal custody of the records
and the approval of the Records Advisory Board. Records of local government
agencies now or in the future defunct shall pass to the legal custody
of the Village archives.
(e) Replevin. The Village Attorney, in consultation with the RMO, may
take steps to recover local government records which have been alienated
from proper custody, and may, when necessary, institute actions of
replevin.
(f) Records Advisory Board.
(1) The Village Board of Trustees shall appoint a Records Advisory Board
of four members based on recommendations by the Village Clerk. The
Records Advisory Board shall be composed of the RMO, the Village Attorney,
the Village Treasurer and the Village Historian. One member of the
Village Board of Trustees shall serve as an ex-officio member of the
Records Advisory Board.
(2) The function of the Records Advisory Board shall be to advise and
make suggestions to the Village Clerk or designee on future improvements
of the Village of Tuckahoe records management program. The Board shall
meet at least once a year.
(3) The Village Clerk or his/her designee shall be responsible for calling
all meetings of the Records Advisory Board, presenting progress reports
of the program to the Board, reviewing local government records management
and archives policies with the Records Advisory Board and examining
and discussing recommendations offered by the Records Advisory Board.
(g) Construction. If any part of this §
2-17 or its application to any persons or circumstances is adjudged by a court to be invalid or ineffectual, such judgment shall not affect the remainder of this §
2-17 or its application to any other person or circumstance. This §
2-17 shall supersede all prior records policies inconsistent with it to the extent of such inconsistency, but in all other respects shall be deemed supplemental to such policies.