[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 10-25-2003 by L.L. No. 9-2003. Amendments noted where
applicable.]
This chapter shall be entitled "Defense, Hold Harmless and Indemnification
Law of the Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law, § 10(1)(ii)(a)(5)
of the Municipal Home Rule Law, § 18 of the Public Officers
Law, and the Village Law of the State of New York, the Incorporated
Village of West Hampton Dunes, County of Suffolk, and State of New
York, hereby enacts by this chapter, a local law of the Village of
West Hampton Dunes.
A.
Purpose. The purpose of this chapter is to confer the benefits of
§ 18 of the Public Officers Law on the officers and employees
of the Village of West Hampton Dunes and to provide that the Village
of West Hampton Dunes will incur the costs of providing those benefits
to the officers and employees of the Village.
B.
Intent. The intent of this chapter is to confer the benefits of § 18
of the Public Officers Law on the officers and employees of the Village
and to provide that the cost of conferring those benefits will be
incurred by the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person working for the Village for wages or salary which
is or are 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, member of the Board of Zoning Appeals,
Planning Board, or other duly appointed or elected member of a board
as provided for in the Village Law or other law of the State of New
York, any duly appointed Commissioner, Treasurer, Clerk, Village Attorney,
and such other officers, including deputies, as the Board of Trustees
shall appoint or determine.
A.
The Village of West Hampton Dunes hereby confers the benefits of
§ 18 of the Public Officers Law on the officers and employees
of the Village and agrees to and shall hold harmless and indemnify
all officers and employees of the Village from financial loss and
legal expenses arising from any claim, demand, suit or judgment by
reason of any alleged past or future negligence or other act by such
officer or employee that at the time alleged, purported or actual
damages were sustained was acting in the discharge of his or her duties
and within the scope of his or her employment, and that such damages
did not result from the willful and or 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, compliant, process, notice, demand or pleading, deliver
the original or a copy thereof to the either the Village Clerk or
the Village Attorneys.
B.
Upon the required delivery to the Village Clerk or the Village Attorneys,
the Village Attorney or such other attorneys duly selected by the
Board of Trustee may assume control and responsibility for the representation
of the such officer and or employee of the Village. Such officer and
or employee shall cooperate fully with the offices of the Village
Attorney or the attorneys that are selected by the Village for representation
in the defense of the claim or action.
C.
This section shall not in any way impair, limit or modify the rights
and obligations of any insurer under any policy of insurance.
D.
The benefits of this section shall insure only to officers and employees
of the Village and shall not enlarge or diminish the rights of any
other party.
E.
The Village will incur the costs of providing the benefits that are
available under § 18 of the Public Officers Law.
