[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury as indicated in article histories. Amendments noted where applicable.]
Article I Defense and Indemnification
Article II Municipally Related Conferences
[Adopted 4-16-1979 by L.L. No. 2-1979]
As used in this article, the following terms shall have the meanings indicated:
- Any person working for the Village for wages or salary who
is subject to the withholding of taxes.[Amended 3-15-2010 by L.L. No. 1-2010]
- The Mayor, Trustee, Planning Board member, Board of Zoning
Appeals member, Environmental Commission member, Architectural Review
Committee member, and duly appointed Commissioner or Deputy Commissioner,
Treasurer, Clerk, Deputy Clerk and any other Village officer as defined
in the Village Law, any member of the Resident's Advisory Committee,
any member of the Board of Historical Review and a member of any other
duly appointed board or committee which may hereafter be created.[Amended 1-21-1980 by L.L. No. 3-1980; 6-16-1980 by L.L. No. 9-1980; 9-17-1984 by L.L. No. 5-1984; 3-15-2010 by L.L. No. 1-2010]
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, including intentional acts 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 his employment and that such damages did not result from a malicious 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.
Upon such delivery, the attorneys 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 legal defense conducted by the Village Attorney.
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 officers and employees of the Village and shall not enlarge or diminish the rights of any other party.
[Adopted 9-22-1986 by resolution]
Editor's Note: This resolution was readopted verbatim 7-17-1989, 8-20-1990 and 8-19-1991.
The officials and employees of the Village of Old Westbury are hereby authorized to attend municipally related conferences not to exceed five working days per employee, per fiscal year, unless additional days are expressly permitted by the Board of Trustees. Association dues will be paid by the Village of Old Westbury as determined by the Board of Trustees, and they may expend Village funds up to the amount set aside in the current budget; and in the event that it is deemed appropriate to attend other conferences or Village official functions which exceed the dollar amount set aside in the budget and the time limit set forth above, further approval for said conferences must first be obtained from the Board of Trustees.