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HomeMy WebLinkAboutLL-1985 #16LOCAL LAW NO. , 1985 A Local Law providing for the defense of town officers and employees BE IT ENACTED by the Town Board of the Town of Southold as follows: The $outhold Town Code is hereby amended by adding a new Chapter thereto, to be Chapter 8, to read as follows: Chapter 8 Indemnification of Officers and Employees Section 8-1. The Town Board hereby adopts Section 18 of the Public Officers Law and confers the benefits thereof upon all town officers and employees. Section 8-2. The To~n shall provide for the defense of any town officer or employee in any civil action or proceeding arising out of the alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintif~ under Sections 1981 and 1983 of the U.S. Civil Rights Act. The Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee. Such legal defense and indemnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provision of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. I1. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. Date: 10/21/85 Dear Sir/Madam: Please be advised that Local Law(s) No. ] 6 of J~c?8~ofthe Tcy,,oYI o~z .~011PhC}]~ was/were received and filed on ? 0f'[ 7/8% Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended,.. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~' oL ...... .% .............. Y. ................................................................................................ Town 16 f ]98.5. Local Law No ....................................................... o the y~ar .......... providing for the defense of town officers and em~..I..o.~..~..e..s.., ...................................... local law ..................................................................................................................... Be it enacted !~ the ...................................... Town Board ........................... ~ of ............. .$~u[b.~l.d ............................................................................................................................ as follo~m I. The Southold Town Code is hereB~ amended By addin~ a new Chapter thereto, to 'be Chapter 8, to read as follows: Chapter 8 Indemnification of Officers and ~mployees Section 8-1. The Town Board hereby adopts Section 18 of the Public Officers Law and confers- the benefits thereof upon all town officers and employees. · Section 8-2. The Town shall provide for the defense of any town officer or employee in any civil action or proceeding arising out of the alleged act or omission in which it is alleged, that the officer or employee has rio!areal the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983. of the U.S. Civil Rights Act. The Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such 'officer or employee. Such legal defense and indemnificatioo shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provision of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. I!. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. ~If addition~l space is neededt please a~t~h.sheets of the"same size as this and number each)'~ P~,ge ~ -..-_. (Complete the certification in the paragraph whlch applies to the filing of this local law and strike out the matter ~hercin which is not applicable.) 1. (Final adoption by lacal legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No.. fl..6. ........... of 19.~.5... 0f the ~ of _$.outhol.d ............ ~ was duly passed by the ..... .T..~.~/.~l_Bo~r.d ................................................... lOWn (Name of Legislative Body) -' ~n ........ ..O...c.~9.~.e..E.,.8. .................. 19,..85. in accordance with the applicgble provisions of law. ~' (Passage hy local legislative body .with approval or no disapproval hy Elective Chief Executive O£iicer or repassage after disapproval.) '~ I hereby certify that the local law annexed hereto, designatedas local law No .................... of 1.9...: .... County · City of the Town of ...................................... was duly passed by the ................. ~i~.~._..&,i.i..&~i~L.i.;.~.i~d&~i .......................... Village not disapproved on ........................................... ' ....... 19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief Executive O/fleer and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum,) I hereby certify that thelocal law annexed hereto, designated as local lawNo ................... of 1.9 .......... County -,- -_. of the City of ...................................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ................................................... ~ ........... repassed after disapproval Elective Chief ~xecutive Officer :~ on ................................................................. ...... 19. ........ Such local law was submitted to the people by reason of a mandatory permissive referendum,and received the affirmative vote of a majority of the qUalified electors voting ~ general thereon at the special election held on ...................................................... 19 ....... , in accordance with the appli- annual cable provisions of law. ' (Subject to permissive referendum,and final adoption because no valid petition [fled requesting referendum.) I hereby' certify that the local law annexed hereto, designated as local law No ................... of 19 ....... ... County City of ...................................... was duly passed by the ................ - ................................................................ on of the Town (Name of Legislative Body) Village not disapproved '- ................................... 19 .. and was approved by. the .............................................. : .......... on repassed after disapproval Elective Chief Executive Officer * ............................................................... 19 ......... Such local.law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ................................................................. 19 ........ , .in accordance' with the applicable provisions of law. *Elective Chief Executive Officer me~-~ or hciudes the chief executive officer Of a county elected on a county-wide bash or, if there be none. the cb*irm:m of the county le~tive body, the r~yor of~ city or village or the supervisor of a town, where such of£~er is~vested with powe~ to approve or veto local law~ or ordj~*nec~. Page 2 (City local law concerning Charter re~ision proposed hy petition,) I hecehv certify dmt the local law annexed hereto, designated as local law No ..................... of 19 ........ of the City of . . : .............. having been submitted to referendum pursuant to the provisions of ~ 36 . 37 of tile },lunicipal Home Rule Law, and having received the affirmative vote ora majority special of the qualified electors of such city voting ~hereon at the general election held on ..: ............................... ................ ].9 ............ became operative. (County local law concerning adoption of Charter.) I hereby certify that the 1ocs! law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of ......................................... State of New York, h. aving been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and '7 of Section 33 of the Muni- cipal Home Rule Law, and having received 1he affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form o£ final adoption has been followed, please provide an appropriate certification.) ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same ~s a.correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ......... 1 ................. above. ~ ~k o~ th, co..~ l,gisiau~* t~d~, Cit~, ~ow~__~ vm~s, c~ o, officer designated by local legislative body Date: October 9, 1985 JUDITH T. TERRY, TOWN CLERK (Seal) (Certigieation to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of STATE OF NEW YORK COUNTY OF ...... ~.U.F..F..O.L,K ......................... [, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Date: October 9, 1985 $1~nam~e ,Rp.b.e.r.t..W... ,T.a.s.k.e.r. ~ .T. ow.n..A.t.t.or.n.ey. .......... Title '"" Of .s...o..u...t.b...o. Lc!. .. Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 24, 1985 3~30 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED~ "A LOCAL LAW PROVIDING FOR THE DEFENSE OF TOWN OFFICERS AND EMPLOYEES." Present~ Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY~ This is a public hearing on a "Local Law pvoviding for the defense of town officers and employees to be read by Councilman Townsend. COUNCILMAN TOWNSEND~ I'll start by reading the public notice that appeared in the local papers. "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of September, 1985, a Local Law entitled, "A Local Law providing for the defense of town officers and employees", which reads as follows, to witt BE IT ENACTED by the Town Board of the Town of Southold as follows~ I. The Southold Town Code is hereby amended by adding a new Chapter thereto, to be Chapter 8, to read as follows~ Chapter 8 Indemnification of Officers and Employees Section 8-1. The Town Board hereby adopts Section 18 of the Public Officers Law and confers the benefits thereof upon all town officers and employees. Section 8-2. The Town shall provide for the defense of any town officer or employee in any civil action or proceeding arising out of the alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the U. S. Civil Rights Act. The Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee. Such legal defense and indemnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provision of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. Page 2- Local Law - D~iense of Town officers and ~mployees iii. This Local Law shall take effect immediately upon filing in 'the Office of the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York~ on the 24th day of September~ 1985, at 3~30 P.M., at which time all interested persons will be heard. Dated: September 10, 1985. Judith T. Terry, Southold Town Clerk." We have notice that it was published in The Suffolk Times and The Long Island Traveler-Watchman. That it was posted on the Town Clerk's Bulletin Board. There is one letter on the fileD or one message on the file referring to an inquiry made of McMann-Price Agency wherein Mr. Price stated that he feels that this proposal will have no affect on our present Public Officials Liability Insurance policy. There is a deductible in this policy and you can either choose your own counsel or they will furnish counsel. That's all there is in the file. SUPERVISOR MURPHY: Thank you, Joe. You've heard the reading of the proposed Local Law. Is there anyone here would like to speak in favor ~this proposed Local Law? (No response.) Anyone like to speak in opposition to this proposed Local Law? (No response.) Anyone like to make any comments? (No response.) Anyone on the Town Board like to make any comments for the record? (No response.) If not, I'll close this hearing. Judith T. Terry Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEAR. ING ON LOCAL LAW NOTICE IS HEREBy GIVEN that there has bee~ presented to the Town Board Of the Town of South01d~ Suffolk County, New York, on the 10th day of temOer, 19~5, a Loewi Law ent/. tl~ defense of town officers and ~mployees," which ~ ~ fol- ows, to w/t: BE IT ENACTED by the Town Board of the Towa of Southold az follow~: I. The Southold Tow~ Cad~ is &L ~ The Town Board hereby odm~.. Law and confers the benefits thereof m all town officers and Section 8-2. The Town shall provide for the p]oyees in any civil action or pro- ceeding arising out of the alleged act or omission in which it is al- leged that the officer or emp}oyee has violated the civil rights of the claimant, petitioner or plaintiff' under Sections 1981 and 1983 of the U.S. Civil Rights Act. The Town shall indemnify and save ployee in the amount of any judg- ment or settlement or claim ob- ployee. Such legal defense and indemnification shall be pro- vided where the officer or em- ployee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provision of this section shall be in addition to any other statute, local law or enact- ment providing legal defense and indemnification in civil actions brought against such officer or employee. Il This Local Law shall take effect immediately upon the ill- lng in the Office of the Secretary of State Copies of this local law are av ailable in the Office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the a/bresaid Local Law at the Southold Town Hall, Main Road, Seuthold, New York, on the 24th day of Sep tember, 1985, at 3:30 p.m., at which time all interested parties will be heard. DATED: September 10, 1985 JUDITH T. TERRY SOUTHOLD TOWN CLERK STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Mary R _ D~nan of Greenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 19 dayof September 19~5 ~ . / / ~n*i~l ~l~rk [~ d~of ~/~ ~,~ A~N M. ABA~E LEGAL NOTICE NOTIcE OF PUBLIC H£ARING ON LOCAL LAW pUBLIC NOTICE I$ I~RE- BY GIVEN th~ there has been presented,to the Town Board of the Town of Soutllold, Suf- folk County, New York, on the 10ih day of September, 1985, a Local Law entitled, ~',A L~I Law providing for the defense of town officers and em- ployees,'' which reads as fol- lows, to wit: BE IT ENACTED by the Town Board of the Town of Southold as fo!lOWs: 1. Thc Southold Town Cede is hereby amended by adding a new Chap~r thereto, to.be Cheptu~ g, to read as follow: ; :? a~ld Employees :~ S~tlon 8-1. . The~T~n B~oard hereby · adopts ~ 18 ofcthe Public =~ OffiCers Law and cOnfers the be~~s th~r%~ ~lpon all town ~ and employees;.N Section 8-2. TI~ ~gow~ Shall provide for th~ deF~s~ ~ of any t°wn officer or ~p~e~~ in any civil action or ~ing arising out of the alleged ~et or omission in which it is alleged ~ that the officer or emplOYee has violated the civil, fights of the claimant, petiiioner: 'or plaintiff under Sections 1981 and 1983 of the U.$~ 'Civil Rights Act. The Town shall indemnify and save haVre!ess such officer or employee in the amount of any judgment=~ or settlement of el~im obtained against such officer or em- ployee. Such legal ~lofense and indemnification shall be pro- vided where the ct~fleer or em- pl0Yee at the time of such alleged act or omission was acting in good faith and within the s~ope of his public employ- menti' powers or duties. The provision of.this section shall be~ in addition to any other statute, local law or enact- ment prgviding lel~at defense and indemhificati0n in civil actions l~roUght against such officer or employee. = 11. This Local Law shall take effectimmedistely upOn filing in the Ofice of the .Secretary of State. COUNTY OF SUFFOLK ss; STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. ./'. ........ weeks successively, commencing on the /~'~ ~' Sworn to before me this ..................... day of ..... y ..... 19.d~i~ .... . ....... Notary Public BARBARA FORBES Notary Public, 8tat~ of New York No. 4806845 Qualified in -%ttolk Oounty Oommission Expires March Copies o( this Laatl Law are available in the edBce of the Town Clerk t~m¥ interested persons during~; 'business NOTICE IS "FURTHER GIV- EN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Loenl Law at the Southold Town Hall, Main Road. South- oldi New York,'on the 24th day of September, 1985, at 3:30 P.M., at which time all inter- ested persons wilt be heard. DATED: September 10. 1985. JUDITH T. TERRY soUTHoLD TOWN CLERK 1T-9/19/85(3)