[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 6-2-1998 by L.L. No. 5-1998. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person working for the Village for wages or salary which
are subject to the withholding of taxes, or any independent contractor,
duly appointed to render services to the Village.
The Mayor, Trustee, Planning Board member, Board of Zoning
Appeals member, any duly appointed Commissioner or Deputy Commissioner,
Treasurer, Village Administrator, Clerk, Deputy Clerk and other Village
Officer as defined in the Village Law, and any member of any duly
appointed board or commission which may hereafter be created.
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 ten 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 chapter 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 chapter shall inure only to officers and
employees of the Village and shall not enlarge or diminish the rights
of any other party.