[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson as indicated in article histories. Amendments noted where applicable.]
Article I Defense and Indemnification
[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.
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.
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.
This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.
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.
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.