Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Code of ethics — See Ch. 4.

§ 10-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
Includes any person working for the Village for wages or a salary which is subject to the withholding of taxes, volunteers expressly authorized to participate in a publicly sponsored volunteer program or any independent contractor given employee status, for the purpose of this article, by resolution duly adopted by the Board of Trustees. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
OFFICER
Includes the Mayor, Trustee, Planning Board member, Zoning Board of Appeals member, Architectural Review Board member, any duly appointed Commissioner or Deputy Commissioner, Treasurer, Clerk and such other officers, including deputies, as the Board of Trustees shall determine.

§ 10-2 Procedure.

A. 
The Village shall save harmless and indemnify any officer or employee of the Village, for financial loss and legal expense arising out of any claim, demand, suit or judgement 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 for the Village and within the scope of his 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 10 days of the time he is served with any summons, complaint, process, notice, demand, or pleading, deliver the original or copy thereof to the attorneys for the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 section shall not it any way impair, limit or modify the rights and obligation 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.

§ 10-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COURT EMPLOYEE
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.
COURT OFFICER
Includes a Village Justice, Acting Village Justice, prosecutor and deputy prosecutor.

§ 10-4 Procedure.

A. 
The Village shall save harmless and indemnify all court officers and court employees of the Village Court for 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 10 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 or 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.