Local Law – Hold Harmless (2)

INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 3 OF THE YEAR 2004

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
3.0 Severability

Section 1.0 Tit1e, Enactment, Effective Date, Purpose, and Definitions.

1.1. Title
This Local Law shall be entitled “Defense Hold Harmless and Indemnification Law of 2004 of the Village of Dering Harbor.”

1.2. Enactment.
Pursuant to Section 10 of the Home Rule Law and Section 10(1) (a) (5) of the Municipal Home Rule Law, Section 18 of the Public Officers 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 2004, 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 amend the existing local law of the Village of Dering Harbor regarding the indemnification of officers and employees, to confer the benefits of Section 18 of the Public Officers Law on the officers and employees of the Village of Dering Harbor, and to provide that the Village of Dering Harbor will incur the costs of providing the benefits of Section 18 of the Public Officers Law to the officers and employees of the Village.
B. Intent
The intent of the Local law is to confer the benefits of Section 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.

1.5. Definitions
A. Officer. The term officer shall mean the Mayor, and or a Trustee, member of the Board of Zoning Appeals, Planning Board, Architectural Review 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, and any duly appointed Commissioner, Treasurer, Clerk, Village Attorney, or Inspector, 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 hereby confers the benefits of Section 18 of the Public Officers Law on the officers and employees of the Village.
B. The Village of Dering Harbor further agrees to and shall hold harmless and indemnify all officers and employees of the Village as defined herein from financial loss and legal
[Editors Note: Page may be missing]