As used in this article, the following terms
shall have the meanings indicated:
Court Clerk, Deputy Court Clerk or temporary worker permitted
to perform the duties of the Court Clerk as authorized by the Board
of Trustees or 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 chapter 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, Village Clerk, Village Justice, Acting Village Justice,
Prosecutor, Deputy Prosecutor, Code Enforcement Officer and such other
officers, including deputies, as the Board of Trustees shall determine.
[Amended 11-21-1994 by L.L. No. 2-1994]
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/her duties and
within the scope of his/her 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/she is served with any summons,
complaint, process, notice, demand or pleading, deliver the original
copy thereof to the attorneys for the Village.
[Amended 11-21-1994 by L.L. No. 2-1994]
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.
This article 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 or immunities of a Village Justice,
Acting Village Justice, Prosecutor and Deputy Prosecutor or a Court
Clerk, Deputy Court or temporary worker permitted to perform the duties
of the Court Clerk as authorized by the Board of Trustees.
The benefits of this article shall inure only
to officers and employees of the Village and shall not enlarge or
diminish the rights of any other party.
The benefits provided by this article shall
be in addition to the benefits provided by § 18 of the Public
Officers Law of the State of New York, which are hereby made applicable
to Village officers and employees as defined in § 18 of
the Public Officers Law of the State of New York.
