Village of Dering Harbor, NY Chapter 8 Defense and Indemnification

[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 8-21-2004 by L.L. No. 3-2004. Amendments noted where applicable.]

§ 8-1 Title.

This chapter shall be entitled "Defense, Hold Harmless and Indemnification Law of 2004 of the Village of Dering Harbor."

§ 8-2 Enactment.

Pursuant to § 10 of the Home Rule Law and § 10(1)(a)(5) of the Municipal Home Rule Law, § 18 of the Public Officers Law, and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk, and State of New York, hereby enacts by this local law of 2004, a local law of the Village of Dering Harbor.

§ 8-3 When effective.

This chapter shall take effect on the filing of the approved local law with the Secretary of State of New York, which shall be within 20 days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.

§ 8-4 Purpose and intent.

A. Purpose. The purpose of this chapter is to amend the existing local law of the Village of Dering Harbor regarding the indemnification of officers and employees, to confer the benefits of § 18 of the Public Officers Law on the officers and employees of the Village of Dering Harbor, and to provide that the Village of Dering Harbor will incur the costs of providing the benefits of § 18 of the Public Officers Law to the officers and employees of the Village.

B. Intent. The intent of this chapter is to confer the benefits of § 18 of the Public Officers Law on the officers and employees of the Village and to provide that the cost of conferring those benefits will be incurred by the Village.

§ 8-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMPLOYEE

Any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of a public entity, whether or not compensated, but shall not include the sheriff of any county or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

OFFICER

The Mayor and or a Trustee; member of the Board of Zoning Appeals, Planning Board, Architectural Review Board or other duly appointed or elected member of a Board as provided for in the Village Law or other law of the State of New York; and any duly appointed commissioner, Treasurer, Clerk, Village Attorney, or inspector, and such other officers, including deputies, as the Board of Trustees shall appoint or determine.

§ 8-6 Provisions for holding harmless and indemnification.

A. The Village of Dering Harbor hereby confers the benefits of § 18 of the Public Officers Law on the officers and employees of the Village.

B. The Village of Dering Harbor further agrees to and shall hold harmless and indemnify all officers and employees of the Village as defined herein from financial loss and legal expenses arising from any claim, demand, suit or judgment by reason of any alleged past or future negligence or other act by such officer or employee at the time alleged, purported or actual damages were sustained was acting in the discharge of his or her duties and within the scope of his or her employment and that such damages did not result from a willful and wrongful act of such officer or employee.

C. The benefits of this chapter are subject to the following requirements:

(1) The officer and or employee must request in writing that the municipality provide for his or her defense within 10 days of being served with a summons, complaint, process, notice, demand or pleading.

(2) The officer and or employee must deliver the original or a copy of any summons, complaint, process, notice, demand or pleading to the municipality along with the request for defense.

(3) The officer and or employee must fully cooperate in the defense of the action or proceeding, and in defending any action or proceeding against the municipality based on the same act or omission, and in prosecuting any appeal.

D. Upon the required delivery to the Village Clerk or the Village Attorney, the Village Attorney or such other attorneys duly selected by the Board of Trustee may assume control and responsibility for the representation of such officer and or employee of the Village.

E. This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.

F. The benefits of this section shall inure only to officers and employees of the Village as defined herein and shall not enlarge or diminish the rights of any other party.

G. The Village will incur the costs of providing the benefits that are available under § 18 of the Public Officers Law.

H. This chapter shall amend and supersede the provisions of the existing local law of the Village of Dering Harbor regarding the indemnification of officers and employees of the Village.

§ 8-7 Severability.

In the event that this chapter or any portion of it is determined to be invalid or void, then the remainder of this chapter shall remain in full force and effect.