[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Grove 11-16-1978 as Ch. 19 of the 1978 Code. Amendments
noted where applicable.]
[Amended 10-16-1986 by L.L. No. 8-1986]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the Mayor, members of the Board of Trustees, the Planning
Board, the Board of Zoning Appeals, the Youth and Recreation Committee, the
Traffic Committee, the Parks Committee, the Athletic Committee, the Village
Justice, the Acting Village Justice, the Village Clerk, the Treasurer, the
Assessor, the Building Inspector, the Superintendent of Public Works, the
Village Attorney, the Village Engineer, the Village Auditor, Village Prosecutor
and Acting Village Prosecutor and each person who at any time on or after
the effective date of this chapter shall be a member of any such Board or
Committee or shall be the holder of any such office or position.[1]
Except as provided in § 11-3 of this chapter, whenever any village official shall defend any civil, criminal or administrative action or proceeding, or any appeal therein, hereafter brought against him arising out of the alleged exercise of or failure to exercise his powers or the alleged violation of his duties as such village official, all the reasonable costs and expenses, including reasonable fees and expenses of legal counsel, incurred by such village official in connection with the defense of such action or proceeding, as well as all costs and damages adjudged or assessed against him in such action or proceeding, shall be a village charge and shall be audited and paid in the same manner as a final judgment against the village, whether or not such official holds office at the time such action or proceeding is begun or such liability or expense is incurred; provided, however, that if the Board of Trustees of said village shall designate legal counsel to represent a village official in any such action or proceeding or in any appeal therein, then, unless the counsel so designated shall be accepted by such village official as his counsel, the village shall be relieved of any liability hereunder in respect of such action or proceeding; and provided, further, that unless and until such designation is made by said Board of Trustees, such village official may be represented by legal counsel of his own selection, whose reasonable fees and expenses shall be paid as hereinabove provided.
Section 11-2 of this chapter shall not apply in the case of any action or proceeding:
A.Â
As to which a village official shall fail to notify the
Board of Trustees of such village with reasonable promptness of the commencement
of such action or proceeding against him.
B.Â
In which the hearing tribunal, or the appellate tribunal
if appealed, shall render a final determination, expressed in a specific finding
to that effect, that the alleged wrongdoing or violation of duty involved
willful misconduct, bad faith or gross negligence on the part of the village
official in question.
The rights, privileges and immunities provided in this chapter shall
inure to the benefit of the personal representatives of any village official.
