[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway 2-9-1981 as L.L. No. 4-1980.
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 taxes or any independent contractor duly appointed
to render ongoing services to the village.
The Mayor, Trustees, Board of Zoning Appeals members, any duly appointed
Commissioner or Deputy Commissioner, Treasurer, Clerk, Deputy Clerk and any
other village officer as defined in the Village Law.
A.
The village shall save harmless all officers and employees
of the village from financial loss and legal expense and shall defend and
pay any judgment 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 damage 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 20 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.
[Amended 5-12-1986 by L.L. No. 3-1986.]
B.
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.
