[HISTORY: Adopted by the Board of Trustees of the Village
of Mill Neck 6-5-2012 by L.L. No. 3-2012. Amendments noted where
applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Any person working for the Village for wages or salary which
are subject to the withholding of taxes.
The Mayor, a Trustee, Planning Board member, Board of Zoning
Appeals member, any duly appointed commissioner or deputy commissioner,
Treasurer, Clerk and such other officers, including deputies, as the
Board of Trustees shall determine.
A.
The Village shall save harmless and indemnify all officers and employees
of the Village from financial loss and legal expense arising out of
any claim, demand, suit or judgment by reason of alleged past or future
negligence or other act by such officer or employee, provided that
such officer or employee, at the time damages were sustained, was
acting in the discharge of his duties and within the scope of this
employment and that such damages did not result from the willful and
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, complaint, process,
notice, demand or pleading, deliver the original or a copy thereof
to the Attorneys for the Village.
B.
Upon such delivery, the Attorney for the Village or such other attorney
selected by the Board of Trustees may assume control of the representation
of such officer or employee. Such officer or employee shall cooperate
fully with the Village Attorney's defense.
C.
This chapter 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 chapter shall inure only to officers and employees
of the Village and shall not enlarge or diminish the rights of any
other party.
As used in this article, the following terms shall have the
meanings indicated:
A court clerk, deputy court clerk or temporary worker permitted
to perform the duties of the court clerk as authorized by the Board
of Trustees.
A Village Justice, Acting Village Justice, prosecutor and
deputy prosecutor.
A.
The Village shall save harmless and indemnify all court officers
and court employees of the Village Court from financial loss and legal
expense arising out of any claim, demand, suit or judgment by reason
of alleged past or future negligence or other act by such court officer
or court employee, provided that such court officer or court employee,
at the time damages were sustained, was acting in the discharge of
his duties or within the scope of his employment, and, provided further,
that such court officer or court employee shall, within five days
of the time he is served with any summons, complaint, process, notice,
demand or pleading, deliver the original or a copy thereof to the
Attorneys for the Village.
B.
Upon such delivery, the Attorney for the Village or such other attorney
selected by the Board of Trustees may assume control of the representation
of such court officer or court employee. Such court officer or court
employee shall cooperate fully with the Village Attorney's defense.
C.
This section shall not in any way impair, limit or modify the rights
and obligations of any insurer under any policy of insurance or the
common law rights of court officers or court employees.
D.
The benefits of this section shall inure only to court officers and
court employees and shall not enlarge or diminish the rights of any
other party.
