[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
4-8-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person working for the Village for wages or salary which are
subject to the withholding taxes, or any independent contractor, duly appointed
to render services to the Village.
The Mayor, Trustee, Board of Zoning Appeals member, Architectural
Review Board member, any duly appointed Commissioner or Deputy Commissioner,
Treasurer, Clerk, Deputy Clerk, Village Justice and any other Village officer
as defined in the Village Law.
[Amended 9-22-2004 by L.L. No. 10-2004; 8-24-2005
by L.L. No. 11-2005]
A.
The Village shall save harmless and indemnify all officers
and employees of the Village from 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, including intentional acts, 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 and within the scope of his employment
and that such damages did not result from a malicious act or gross negligence
of such officer or employee, and provided further that such officer or employee
shall, within five 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.
B.
Upon such delivery, the attorneys 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 legal defense conducted by the Village Attorney.
C.
This section shall not in any way impair, limit or modify
the rights and obligations 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.
This chapter shall take effect upon filing with the Secretary of State.
