Chapter 22
DEFENSE, HOLD HARMLESS AND INDEMNIFICATION
§ 22-1 Title.
§ 22-2 Enactment.
§ 22-3 Effective Date.
§ 22-4 Purpose and Intent of Local Law.
§ 22-5 Definitions.
§ 22-6 Provisions for holding harmless and indemnification.
§ 22-7 Severability.
[HISTORY:
Adopted by the
§ 22-1. Title.
This Local Law shall be entitled
“Defense, Hold Harmless and Indemnification Law of the
.
§ 22-2. Enactment.
Pursuant to Section 10 of the Home Rule Law,
Section 10(1)(a)(5) of the Municipal Home Rule Law, Section 18 of the Public
Officers Law, and the Village Law of the State of New York, the Incorporated
Village of Saltaire, County of Suffolk and State of New York, hereby enacts by
this Local Law 2 of 2004, a Local Law of the Village of Saltaire to amend this
Chapter 22 of the Village Code of the Village of Saltaire.
§ 22-3. Effective Date.
This local law shall take effect on the filing of the
approved Local Law with the Secretary of State of New York, which shall be
within twenty (20) days after its approval by the Board of Trustees of the
Incorporated Village of Saltaire.
§ 22-4. Purpose and intent of local law.
The purpose and intent of this of
this Local Law is to confer the benefits of Section 18 of the Public Officers
Law on the officers and employees of the
§ 22-5. Definitions.
A.
Officer. The term officer shall mean the Mayor, Trustee,
member of the Board of Zoning Appeals, Planning 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, any duly appointed Commissioner, Treasurer, Clerk,
Village Attorney, and such other officers, including deputies, as the Board of
Trustees shall appoint or determine.
B.
Employee. The term employee shall mean any person
working for the Village for wages or salary which is or are subject to the
withholding of taxes, or any independent contractor, given employee status for
the purpose of this local law, by resolution duly adopted by the Board of
Trustees.
§ 22-6. Provisions for holding harmless and
indemnification.
A.
The Village of
Saltaire hereby confers the benefits of Section 18 of the Public Officers Law
on the officers and employees of the Village and agrees to shall hold harmless and indemnify all
officers and employees of the Village 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 the willful and or wrongful 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,
compliant, process, notice, demand or pleading, deliver the original or a copy
thereof to the either the Village Clerk or the Village Attorneys.
B.
Upon the required
delivery to the Village Clerk or the Village Attorneys, the Village Attorney or
such other attorneys duly selected by the Board of Trustee may assume control
and responsibility for the representation of the such officer and or employee
of the Village. Such officer and or
employee shall cooperate fully with the offices of the Village Attorney or the
attorneys that are 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 officers and 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 Section 18
of the Public Officers Law.
§ 22-7. Severability.
In the event that this local law or any portion of it
is determined to be invalid or void then the remainder of the local law shall
remain in full force and effect.