[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1979 by L.L. No. 3-1979]
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.Â
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.Â
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.Â
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.Â
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.
[Adopted 6-13-1979 by L.L. No. 4-1979]
As used in this article, the following terms shall have the meanings
indicated:
Any person working for the village for wages or a salary which is
subject to the withholding of taxes or any independent contractor given employee
status, for the purpose of this article, by resolution duly adopted by the
Board of Trustees.
The Mayor, 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.Â
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 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 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.Â
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.Â
This section shall not in any way impair, limit or modify
the rights and obligation of any insurer under any policy of insurance.
D.Â
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.