Village of Tuckahoe, NY Administration

Editor's Note: Former § 2-8.1, Village Administrator, added 5-11-1981 by L.L. No. 1-1981, was repealed 5-24-1982 by L.L. No. 1-1982. See now Ch. 22A, Village Administrator.

§ 2-9 Effective date of ordinances. [1]

All ordinances shall take effect upon their publication, unless an ordinance shall otherwise specify the time when it shall go into effect.

Editor's Note: For current provisions concerning the adoption of local laws, see § 20 et seq. of the Municipal Home Rule Law.

§ 2-10 Records of ordinances to be kept by Village Clerk.

The Village Clerk shall keep a record of ordinances chronologically according to the date of their adoption. In addition thereto, a copy of each ordinance shall be recorded in a suitable record book, in such form that ready reference to amendments or additions thereto may be had, and such ordinances, amendments or additions may appear and be numbered in accordance with the numbering system of this Code of Ordinances. The Village Clerk shall further maintain a file with separate folders for each ordinance hereafter adopted, in which folder shall be kept at all times a copy of the ordinance, a record of the section referred to, the number and date of adoption of the ordinance and proof of publication and notice of hearing thereon, and such other data as may be useful or needful to establish the validity thereof. The Village Clerk shall also maintain an index to this Code of Ordinances, recording all changes and amendments, and shall keep and maintain such other records of ordinances as may be required by law or by direction of the Village Board of Trustees.

§ 2-11 Removal of papers from Village offices.

No person shall carry out or remove any papers, plans, specifications, documents or records of any property whatsoever belonging to the Village, from any of the Village offices or rooms, in the respective departments where such papers, specifications, plans, documents or records properly belong, except under the direction of the Mayor or Village Board of Trustees.

§ 2-12 Residency requirements.

[L.L. No. 2-1978, §§ 1 — 3;[1] L.L. No. 11-1987, § 1; L.L. No. 2-2014, §§ 1 — 3]

Purpose; legislative authority. The Village Board of Trustees finds that, due to the relatively small population of the Village of Tuckahoe, it is not always possible to fill certain appointive offices, employment positions and/or nonjudicial positions in Village government requiring municipal, administrative or financial expertise with Village of Tuckahoe or Town of Eastchester residents who are duly qualified to hold such positions. The Village Board of Trustees further finds that it is authorized to appoint qualified residents of Westchester County outside of the Village of Tuckahoe and Town of Eastchester to said offices pursuant to § 3-300 of the New York State Village Law as well as further appoint qualified residents of Westchester County to certain positions of employment. The Village Board of Trustees further finds that it is authorized under § 3-300 of the New York State Village Law and § 10 of the New York State Municipal Home Rule Law to expand such residency requirements to allow residents of Westchester County to be eligible for appointment to said offices as well as further allow for residents of Westchester County to be eligible to hold certain positions of employment.

Definition. "Residence" is defined in this section to mean the abode or place where one actually lives and maintains a fixed, permanent and principal home.

Residency within the County of Westchester required. Notwithstanding any other general or special law, no person shall be eligible to be appointed to or hold office of the Village Clerk, Deputy Village Clerk, Village Treasurer, Deputy Treasurer, Village Assessor, Deputy Assessor, Building Inspector/Facilities Manager, Code Enforcement Officer, Village Court Clerk or Assistant Court Clerk who is not a citizen of the United States, is not at least 18 years of age and is not a resident of Westchester County, New York. No person shall be eligible to hold the position of employment as Village Attorney or Deputy Village Attorney who is not a citizen of the United States, is not at least 18 years of age and is not a resident of Westchester County, New York. No person shall be eligible to be appointed as an election inspector in the Village of Tuckahoe unless such person is a resident of Westchester County, New York.

This section shall change and supersede § 3-300, Subdivision 2, of the New York State Village Law, as last amended; § 3 of the New York State Public Officers Law, as last amended; and § 23 of the New York State Town Law, as last amended, to the extent that the provisions thereof conflict with or are contrary to the provisions of this section. The provisions of the section shall govern and control in the event of conflict.

(e)

Insofar as the provisions of this section are inconsistent with the provisions of any other Village of Tuckahoe local law or resolution and/or the terms or provisions set forth in the Village Code of the Village of Tuckahoe, the provisions of this section shall be controlling and shall govern.

(f)

If any section of this section shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this section.

(g)

This section shall take effect immediately upon filing with the Secretary of State of the State of New York and shall apply to all persons currently holding the positions of Village Clerk, Deputy Village Clerk, Village Treasurer, Deputy Treasurer, Village Assessor, Deputy Assessor, Building Inspector/Facilities Manager, Code Enforcement Officer, Village Court Clerk, Assistant Court Clerk, Village Attorney and Deputy Village Attorney as well as any persons hereafter appointed to fill such offices or such positions of employment.

Editor's Note: Local Law No. 2-1978, §§ 1, 2, 3(1) — (6), (8) and (9), did not expressly amend this Code; hence, codification as § 2-12 is at the discretion of the editor.

§ 2-13 Defense and indemnification of elected and appointed officials and employees.

[L.L. No. 5-1980, §§ 1-8; L.L. No. 2-2001, § 4; L.L. No. 2-2001, § 5]

Definitions. As used in this section, unless the context otherwise requires:

EMPLOYEE

Any person holding a position by election, appointment or employment in the service of the Village, but shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.

VILLAGE

The Village of Tuckahoe.

When provided, general procedures.

Upon compliance by the employee with the provisions of Subsection (c) of this section, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or, in good faith, purporting to act within the scope of his public employment or duties, or which is brought to enforce a provision of Section 1981 or 1983 of Title 42 of the United States Code or other federal laws. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village.

Subject to the conditions set forth in this section, the employee shall be represented by the Village Attorney or an attorney employed or retained by the Village for the defense of the employee. The Village Board shall employ or retain an attorney for the defense of the employee whenever:

The Village does not have a Village Attorney;

The Village Board determines, based upon its investigation and review of the facts and circumstances of the case, that representation by the Village would be inappropriate; or

A court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Village Attorney. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding, subject to certification by the Mayor that the employee is entitled to representation under the terms and conditions of this section. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Village. Any dispute with respect to representation of multiple employees by the Village Attorney or by any attorney employed or retained for such purposes, or with respect to the amount of the fees or expenses, shall be resolved by the court.

When the employee delivers process and a request for a defense to the Village Attorney or the Mayor, as required by Subsection (c) of this section, the Village Attorney or Mayor, as the case may be, shall take the necessary steps including the retention of an attorney under the terms and conditions provided in Paragraph (2) of this subsection, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.

Duties to defend. The duties to defend provided in this section shall be contingent upon:

Delivery to the Village Attorney or, if none, to the Mayor, of the original or a copy of any summons, complaint, process, note, 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 defense of any action or proceeding against the Village, 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 Village provide for his defense pursuant to this section, unless the employee shall state, in writing, that a defense is not requested.

Judgments and settlements; when Village shall not indemnify employee.

The Village shall indemnify and save harmless any employee whose defense was provided pursuant to this section in the amount of any judgment obtained against such employee or in the amount of any settlement or compromise approved by the Village Board. The Village shall not indemnify and save harmless the employee:

When the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee;

[1] For money recovered from the employee pursuant to § 51 of the General Municipal Law.

Editor's Note: Subsection (d)(1)(b), regarding punitive or exemplary damages, fines or penalties, was repealed by L.L. No. 2-2001, § 2.

Any claim or compromise settlement which may be subject to indemnification by the Village shall not be paid unless it is presented to and approved by the Village Board.

Upon entry of a final judgment against the employee or upon settlement or compromise of a claim as approved by the Village Board, the employee shall cause to be served upon the Mayor a copy of such judgment or settlement, personally or by certified or registered mail, within 30 days of the date of entry or settlement. Such judgment or settlement shall be processed and paid in the same manner as other judgments or settlements of claims paid by the Village.

(4)

The Village shall indemnify and save harmless an employee in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that any employee acting within the scope of his/her public employment or duties has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement.

(5)

The Village shall also indemnify and save harmless an employee in the amount of any punitive damages in accordance with the following procedure and such additional procedures as may be established by the Board of Trustees:

Within 20 days of employee's delivery to the Village Clerk of a summons, complaint, notice, demand or other pleading containing a demand for punitive damages, the Village Attorney shall make an initial determination whether the employee should or should not be indemnified against any punitive damages, based upon the facts and circumstances then known to the Village Attorney as follows:

Whether the employee's actions were or were not within the scope of his/her employment.

Whether the employee's action were or were not reckless, malicious, grossly negligent or otherwise outside of the standards required for employees holding comparable positions with the Village.

Whether the employee's actions were or were not made in good faith and in the best interests of the Village.

Whether the employee did or did not willfully violate a clearly established provision of law or Village policy.

In the event of a final judgment of punitive damages against the employee, the employee or his/her attorney shall serve copies of such judgment upon the Village Clerk personally or by certified or registered mail within 10 days of the date of entry. The Village Board of Trustees shall meet as soon as practicable to review, make findings taking into consideration and giving weight to the initial and any additional findings made by the Village Attorney provided the employee did not previously misrepresent or omit material facts adduced at trial), and determine if the following have been met, and if so met, shall arrange for or appropriate the funds necessary to pay such punitive damages:

The judgment of punitive damages is based on an act or omission of an employee acting within the scope of his/her employment;

At the time of the action or omission giving rise to the liability, the employee acted:

(i)

Without recklessness;

(ii)

Without maliciousness; and

(iii)

Without gross negligence;

and within the standards required for employees holding comparable positions with the Village.

At the time of the act or omission, the employee acted in good faith and in the best interests of the Village; and

At the time of the act or omission, the employee did not willfully violate a clearly established provision of law or Village policy.

Deliberations, findings and determinations of the Village Attorney as described in this Subsection (d)(5) are and shall remain confidential.

(e)

Scope of benefits. The benefits of this section will accrue only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this section be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.

(f)

Insurance policies shall not be altered, etc., by this section. The provisions of this section shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.

(g)

Right of employee to defense in accordance with federal statutory or common law shall not be altered, etc., by section. As otherwise specifically provided in this section, the provisions of this section 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 Village nor 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.

(h)

Applicability. The provisions of this section shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this section.

(i)

All payments under the provisions of this § 2-13, whether for or by insurance or otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges.

(j)

If any provision of this § 2-13 or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this § 2-13 or the application of any such provision to any other person or circumstance.

§ 2-14 Serving in town and Village elected offices simultaneously prohibited.

[L.L. No. 12-1986, § 1]

No person shall simultaneously hold a Village elected office and a town elected office.

In the event that a Village elected official takes the oath of office for a town elected office, the taking of such oath shall constitute an automatic resignation from the Village elected office effective as of the date of the oath. The signing of the town oath book shall constitute the taking of such oath.

If a town elected official is elected to a Village office, such person shall not be deemed to be qualified for the Village office until such person has, in accordance with applicable New York State law, tendered a written resignation from the town elected office.

Nothing in this § 2-14 shall be deemed to alter or amend any provisions of the New York State General Municipal Law, Public Officers Law, Election Law, Village Law, Town Law or other applicable law relating to the election, appointment and resignation of elected officials.

§ 2-15 Video tape records of meetings. [1]

[L.L. No. 3-1987, § 1; L.L. No. 10-1987, § 1]

All regular public meetings of the Village Board of Trustees and all public meetings or hearings held by or at the special request of the Village Board of Trustees shall be recorded on video tape. All such public meetings shall be broadcast live on the local cable television station and rebroadcast six times within the two weeks after the dates of each meeting. The Village Clerk shall maintain on file the original or a true copy of all video tapes that are made or produced showing meetings of the Village Board of Trustees and any other official Village public meetings or hearings. Such tapes shall be maintained in chronological order in secure storage at the Village Hall for a period of at least 10 years and shall thereafter be maintained at the Tuckahoe Public Library.

Editor's Note: Local Law No. 3-1987, § 1, adopted 2-23-1987, amended the Code by adding a new § 2-14. Inasmuch as a § 2-14 existed, the aforesaid has been redesignated as § 2-15.

§ 2-16 Fingerprinting of employees, peddlers and vendors.

[L.L. No. 1-1989, § 1]

All employees of the Village and all applicants for peddler and vendor permits shall be required to have their fingerprints taken by the Village Police Department.

The Chief of Police may forward such fingerprint impressions to the Division of Criminal Justice Services of the State of New York for investigation and examination.

§ 2-17 Records management.

[L.L. No. 1-1997, § 2]

Records management officer (RMO). The Village Clerk shall be the RMO and shall be responsible for the records management program established by this section. Said officer will be responsible for administering the noncurrent (inactive) and archival public records for the Village of Tuckahoe in accordance with local, state and federal laws and guidelines. Said officer shall also be responsible for overseeing micrographics and technology projects involving the Village of Tuckahoe records according to quality control specifications and guidelines.

Powers and duties.

The Village Clerk or his/her designee shall have the necessary powers to carry out the efficient administration of records including policies/procedures development, the determination of value, use, preservation, storage and disposition of the noncurrent (inactive) and archival public records kept, filed or received by the offices and departments of the Village of Tuckahoe.

The Village Clerk or his/her designee shall establish guidelines for proper records management in any department of the Village of Tuckahoe in accordance with local, state and federal laws, regulations and official policies/procedures.

The Village Clerk or his/her designee shall report annually to the Village Board of Trustees on the powers and duties herein mentioned, including but not limited to the cost/benefit ratio, efficiencies and administrative economies of programs implemented by the Village Clerk or the RMO's designee.

Records center. The Village Clerk shall have at his/her disposal adequate designated space dedicated specifically for the storage, processing, and servicing of noncurrent (inactive) and archival records for all local government departments and agencies. The records center will be administered by the Village Clerk or his/her designee.

Disposition.

The Village Clerk or his/her designee shall be the sole officer with authority over the disposition of local government records in consultation with the respective local government officer or department head who has custody of the records of his/her respective office or department, and with the local Records Advisory Board, where one exists.

Records shall be transferred to the Village archives upon the recommendation of the RMO according to policies/procedures, with the approval of the head of the department which has legal custody of the records and the approval of the Records Advisory Board. Records of local government agencies now or in the future defunct shall pass to the legal custody of the Village archives.

(e)

Replevin. The Village Attorney, in consultation with the RMO, may take steps to recover local government records which have been alienated from proper custody, and may, when necessary, institute actions of replevin.

(f)

Records Advisory Board.

The Village Board of Trustees shall appoint a Records Advisory Board of four members based on recommendations by the Village Clerk. The Records Advisory Board shall be composed of the RMO, the Village Attorney, the Village Treasurer and the Village Historian. One member of the Village Board of Trustees shall serve as an ex-officio member of the Records Advisory Board.

The function of the Records Advisory Board shall be to advise and make suggestions to the Village Clerk or designee on future improvements of the Village of Tuckahoe records management program. The Board shall meet at least once a year.