[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-21-2005 by L.L. No. 2-2005]
As used in this article, 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 the Village, whether or not compensated, including
former employees, his or her estate or judicially appointed personal
representative.
A.
The Incorporated Village of Port Jefferson hereby
confers the benefits of § 18 of the Public Officers Law
on the employees of the Village and agrees to hold them harmless and
to indemnify them from financial loss and legal expense arising from
any claim, demand, suit or judgment, arising from any past or future
negligence or act, which negligence or act arose in the discharge
of their duties and within the scope of their employment, where such
damages did not result from any willful and/or wrongful act or gross
negligence. The benefits and protections conferred by this provision
require that all employees shall, within five days of the time that
they are served with any summons, complaint, process, notice, demand
or pleading, deliver the same to the Village Clerk.
B.
Upon the required delivery to the Village Clerk, the
Village Attorney or such other attorney duly selected by the Board
of Trustees shall assume control and responsibility for the representation
of such employee of the Village. Such employee shall cooperate fully
with the office of the Village Attorney or the attorney that is selected
by the Village for representation in the defense of the claim or action.
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 employees
of the Village and shall not enlarge or diminish the rights of any
other party.
E.
The Village will incur the costs of providing the
benefits that are available under § 18 of the Public Officers
Law.
In the event that this article or any portion
of it is determined to be invalid or void, then the remainder of the
article shall remain in full force and effect.
