[Adopted 12-17-1976 by L.L. No. 6-1976 (Ch. 39, Art. I, of the 1971 Code)]
[Amended 7-31-2018 by L.L. No. 12-2018; 7-31-2018 by L.L. No. 14-2018; 11-19-2021 by L.L. No. 30-2021; 11-17-2023 by L.L. No. 14-2023]
A. As a qualification for employment, in addition to any other qualifications
imposed by statute, all full-time employees, except police and local
officers, shall be full-time residents of the County of Suffolk, State
of New York, for a period of no less than one year prior to application
for employment and throughout their employment.
B. The Incorporated Village of East Hampton, when hiring individuals
to fulfill competitive classifications, in accordance with § 23,
Subdivision 4-a, of the Civil Service Law, will first appoint residents
of the Village of East Hampton for all or any of its competitive classifications.
Appointees who are not appointed from a Village resident list shall
be a resident of the Town of East Hampton for 60 days prior to the
issuance of the civil service list for said position and upon the
commencement date of his or her employment. Thereafter, subsequent
to the expiration of any probationary period, the individual hired
may reside anywhere in the Town of East Hampton.
C. Notwithstanding the foregoing residency requirement, the Village
Administrator, Highway Superintendent, Code Enforcement Supervisor,
Public Safety Dispatcher III, and department heads shall be full-time
residents of the Town of East Hampton throughout their employment.
Continuous full-time residence in said geographic
areas shall be a condition of continued employment by the Village
for all employees, except police and local officers, appointed on
or after the effective date of this article.
The provisions of §§ 3(2) and
30(4) of the Public Officers Law shall apply to the appointment of
a person to the Village Police Department to the extent that such
person shall be a resident of Suffolk County. In the event that said
statutory provisions are repealed or annulled, the residency requirements
heretofore set forth, applicable to persons other than those seeking
appointment to the Police Department, shall apply to those persons
seeking appointment to said Police Department.
[Adopted 7-30-1980 by Local Law
No. 9-1980 (Ch. 39, Art. II, of the 1971 Code)]
The purpose of this article is to provide legal
and financial protection for those individuals serving the Village
of East Hampton from losses which may be brought against them in their
individual capacity for actions taken while in the performance of
their official duties and responsibilities. In enacting this article,
the Board of Trustees of the Incorporated Village of East Hampton
finds that the State of New York has enacted similar provisions for
the legal and financial security of its officers and employees and
further finds that such security is also required for local personnel.
By enactment of this article, said Board of Trustees of the Incorporated
Village of East Hampton does not intend to limit or otherwise abrogate
any existing right or responsibility of the Incorporated Village of
East Hampton or its employees with regard to indemnification or legal
defense. It is solely the intent of this article to provide similar
coverage for local employees as is presently provided for state employees
so as to continue to attract qualified individuals to local government
service.
As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Incorporated Village of East Hampton,
whether or not compensated, or a volunteer expressly authorized to
participate in a municipally sponsored volunteer program, but shall
not include an independent contractor. The term "employee" shall include
a former employee, his estate or judicially appointed personal representative.
The duty to defend or indemnify and save harmless
provided by this article shall be conditioned upon delivery to the
Incorporated Village of East Hampton's Attorney, at his office by
the employee, of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after he is served
with such document and the full cooperation of the employee in the
defense of such action or proceeding and in defense of any action
or proceeding against the Incorporated Village of East Hampton based
upon the same act or omission and in the prosecution of any appeal.
Such delivery shall be deemed a request by the employee that the Incorporated
Village of East Hampton provide for his defense pursuant to this article.
The benefits of this article shall inure only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party, nor shall any provisions of this article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
The provisions of this article shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article 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 Incorporated Village of East Hampton, or 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.