INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 1 OF THE YEAR 2000

A LOCAL LAW OF THE INCORPORATED VILLAGE OF DERING HARBOR TO HOLD HARMLESS AND INDEMNIFY ITS OFFICERS AND EMPLOYEES FROM PERSONAL LIABILITY FOR ACTS RELATING TO THE DISCHARGE OF THEIR OFFICIAL DUTIES AND WITHIN THE SCOPE OF THEIR EMPLOYMENT

BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF DERING HARBOR AS FOLLOWS:

Section
1.0 Enactment, Effective Date, Purpose and Definitions.
1.1 Title of Local Law
1.2 Enactment.
1.3 Effective Date.
1.4 Purpose and Intent of Local Law.
1.5 Definitions Relevant to Local Law.
2.0 General Provisions
2.1 Provisions for Holding Harmless and Indemnification

Section 1.0 Title, Enactment, Effective Date, Purpose, and Definitions.

1.1. Title
This Local Law shall be entitled “Hold Harmless and Indemnification Law of the Village of Dering Harbor.”

1.2. Enactment.
Pursuant to Section 10 of the Home Rule Law and the Village
Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2000, a Local Law of the Village of Dering Harbor.

1.3. Effective Date.
This local law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.

1.4. Purpose and Intent of Local Law.
A. Purpose
The purpose of this Local Law is to promote and protect the public safety and welfare of the residents of the Village of Dering Harbor, and their guests, and of the visitors to the Village to ensure the effective and proper operation and administration of the government of the Village and its officers and employees.
B. Intent
The intent of the Local law is to assist with and provide for the efficient and proper administration and operation of the government of the Village of Dering Harbor, and its officers and employees.

1.5. Definitions
A. Officer. The term officer shall mean 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.
B. Employee. The term employee shall mean 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 local law, by resolution duly adopted by the Board of Trustees.

2.0 General Provisions

2.1 Provisions for Holding Harmless and Indemnification
A. The Village of Dering Harbor 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 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 inure only to officers and employees of the village and shall not enlarge or diminish the rights of any other party.