[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.]
This chapter shall be entitled "Defense, Hold Harmless and Indemnification
Law of 2004 of the Village of Dering Harbor."
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.
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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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)]
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.
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.
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.