[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Code of ethics — See Ch. 4.
As used in this article, the following terms shall have the
meanings indicated:
Includes any person working for the Village for wages or
a salary which is subject to the withholding of taxes, volunteers
expressly authorized to participate in a publicly sponsored volunteer
program or any independent contractor given employee status, for the
purpose of this article, by resolution duly adopted by the Board of
Trustees. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
Includes the Mayor, Trustee, Planning Board member, Zoning
Board of Appeals member, Architectural Review Board member, any duly
appointed Commissioner or Deputy Commissioner, Treasurer, Clerk and
such other officers, including deputies, as the Board of Trustees
shall determine.
A.
The Village shall save harmless and indemnify any officer or employee
of the Village, for financial loss and legal expense arising out of
any claim, demand, suit or judgement 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 for the Village 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 or copy
thereof to the attorneys for the Village.[1]
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 it 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.
As used in this article, the following terms shall have the
meanings indicated:
A Court Clerk, Deputy Court Clerk or temporary worker permitted
to perform the duties of the Court Clerk as authorized by the Board
of Trustees.
Includes a Village Justice, Acting Village Justice, prosecutor
and deputy prosecutor.
A.
The Village shall save harmless and indemnify all court officers
and court employees of the Village Court for 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 court officer
or court employee, provided that such court officer or court employee,
at the time damages were sustained, was acting in the discharge of
his duties or within the scope of his employment, and provided, further,
that such court officer or court employee shall, within 10 days of
the time he is served with any summons, complaint, process, notice,
demand or pleading, deliver the original or a copy thereof to the
attorneys for the Village.[1]
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 court officer or court employee. Such court officer or court
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 obligations of any insurer under any policy or insurance or the
common law rights of court officers or court employees.
D.
The benefits of this section shall inure only to court officers and
court employees and shall not enlarge or diminish the rights of any
other party.
