|
Chapter 14A - Defense
and Indemnification of Employees
Local Law No. 5, 1980
§ 14A-1.
§ 14A-2.
§ 14A-3.
§ 14A-4.
§ 14A-5.
§ 14A-6.
§ 14A-7.
§ 14A-8.
§ 14A-9.
§ 14A-10.
§ 14A-11.
|
Legislative intent.
Definition.
Provisions for defense by village.
Indemnification.
Condition.
Limitation of applicability.
Effect on insurer.
Effect on pending proceedings.
Construal of provisions.
Severability.
When effective.
|
[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale
11-24-80 as Local Law No. 5, 1980.]
§ 14A-1. Legislative intent.
The purpose of this local law is to provide legal and
financial protection for those individuals serving the Village of
Farmingdale from losses which may result from legal actions which may be
brought against them in their individual capacity for actions taken while
in the performance of their official duties and responsibilities. In
enacting this local law, the Board of Trustees finds that the State of New
York has enacted similar provisions for the legal and financial security
of its officers and employees, and further finds that such security is
also required for local personnel. By enactment of this local law, the
Board of Trustees does not intend to limit or otherwise abrogate any
existing right or responsibility of the village or its employees with
regard to indemnification or legal defense. It is solely the intent of
this local law to provide similar coverage for local employees as is
presently provided for state employees, so as to continue to attract
qualified individuals to local government service.
§ 14A-2. Definitions.
As used in this local law, unless the context otherwise
requires, the following terms shall have the meanings indicated:
EMPLOYEE - Any person holding a position by election,
appointment or employment in the service of the Village of Farmingdale,
whether or not compensated, or a volunteer expressly authorized to
participate in a municipally sponsored volunteer program, but shall not
include an independent contractor. The term "employee" shall
include a former employee, his estate or judicially appointed personal
representative.
§ 14A-3. Provisions for defense by village.
| A.
|
Upon compliance by the employee
with the provisions of § 14A-5 of this local law, the village
shall provide for the defense of the employee in any civil action
or proceeding, in any state or federal court, arising out of any
alleged act or omission which occurred or is alleged in the
complaint to have occurred while the employee was acting within
the scope of his public employment or duties or which is brought
to enforce a provision of 42 U.S.C § 1981 or 1983. This duty to
provide for a defense shall not arise where such civil action or
proceeding is brought by or on behalf of the Village of
Farmingdale.
|
| B.
|
Subject to the conditions set
forth in Subsection A of this section, the employee shall be
entitled to tbe represented by the Village Attorney or such other
private counsel as is selected by the Board of Trustees in any
civil judicial proceeding where the Village Attorney determines,
based upon his investigation and review of the facts and
circumstances of the case, that representation by the Village
Attorney would be inappropriate. The Board of Trustees may
require, as a condition to the payment of the fees and expenses of
such private representations, that appropriate groups of such
employees be represented by the same counsel. |
§ 14A-4. Sick leave.
| A.
|
[Amended 5-23-77 by L.L. No. 4,
1977; 5-22-78 by resolution] Each employee shall be entitled to a
credit of ten (10) days for sick leave during any year commencing
June 1, hereinafter referred to, for the purpose of this local
law, as the "fiscal year."
| (1).
|
If any employee uses none
or only a portion of his or her yearly sick leave during
the fiscal year, the balance of his or her sick leave
shall be credited to him or her until a maximum of one
hundred twenty (120) days is so credited. [Amended 9-12-77
by L.L. No. 6, 1977]
|
| (2).
|
If any employee takes more
than ten (10) days' sick leave during any fiscal year, he
or she shall not be compensated for those days in excess
of the (10) days unless he or she has accumulated credit
pursuant to Subsection A(1), in which event any additional
days shall be charged against such credit until the same
is completely used.
|
|
| B.
|
Sick leave shall be granted only
when an employee is required to be absent from his employment by
reason of illness. If an employee shall have used three (3)
consecutive days of sick leave, a certificate from a licensed
physician attending the employee shall be submitted to the
department head attesting to his or her illness. Frequent absences
of less than three (3) days, at the direction of the Board, shall
require a physician's certification as to illness.
|
| C.
|
The village reserves the right to
verify the disability of an employee by requiring the
certification of a physician of its choice, in which event the
employee shall submit to such examination which shall be at the
expense of the village.
|
§ 14A-5. Accumulated
sick leave. [Amended 9-12-77 by L.L. No. 6, 1977]
Upon termination of service for any reason other than
discharge for cause, or upon the death in service of any officer or
employee, such officer or employee and his or her legal representative
shall be entitled to be paid for accumulated sick time based upon the then
wage or salary of the officer or employee; provided, however, that
notwithstanding the provisions of § 14-4A(1), payment hereunder shall not
be made for a period exceeding ninety (90) days of accumulated sick leave.
§ 14A-6. Personal leave.
| A.
|
Each employee covered hereby is
entitled to but shall not exceed three (3) personal days per
fiscal year, June 1 through May 31 of the succeeding year, and
shall not be subject to a carry-over in any subsequent fiscal
year. Such personal days are to be used for his or her personal
business. [Amended 9-27-76 by L.L. No. 10, 1976]
|
| B.
|
Personal leaves may be taken only
with prior approval of the department head after the submission of
a request for same, in writing, and the approval thereof. Personal
days are not intended for the day prior or the day after any
holiday for which the employee is afforded time off, or the day
before or day after a vacation.
|
| C.
|
In case of emergency, an employee
shall notify the village office at the earliest possible time.
|
| D.
|
Religious holidays will be
approved for observance and shall be chargeable to personnal
leave.
|
| E.
|
Absence for reason of death in the
immediate family shall not be charged against either sick leave or
personal leave days, and for said reason an employee shall be
entitled to three (3) personal days. The immediate family shall be
defined as follows: husband, wife, son, daughter, mother, father,
brother, sister and any other immediate blood relative residing in
the employee's household.
|
§ 14A-7. Word usage.
The word "Board" shall be construed as if it
read "Board of Trustees of the Incorporated Village of
Farmingdale" wherever the sense of this indenture so requires.
§ 14A-8. Authority to establish regulations.
The Board of Trustees of the Incorporated Village of
Farmingdale may, from time to time, fix and establish such additional or
supplementary rules and regulations as it may deem to be necessary to
effect the vacation, sick leave and absence policies set forth in this
local law.
§ 14A-9. Effective date.
The provisions of §§: 14-2 and 14-3 hereof shall be
made applicable as of June 1, 1975. The rights of employees under § 14-4
shall be computed from the actual hiring date of village employees who
were village employees on June 1, 1975, or who were thereafter employed.
§ 14A-10. Guaranty of minimum pay and overtime rates
for certain employees. [Added 7-13-1977Font size="-1">3.
Employees of the Highway and Water Departments who are
called back to work by the Superintendent of Public Works or Foreman after
they have completed their normal workday shall be guaranteed a minimum of
four hours' pay and overtime rates. This guaranty shall not be operative
when the employee is asked to stay on after his regular workday is
completed, but the employee shall in that event be paid the overtime rate
for the time actually worked.
§ 14A-11. Early retirement incentive. [Added
11-18-1985 by L.L. No. 5, 1985]
| A.
|
The Board of Trustees of the
Incorporated Village of Farmingdale, New York hereby elects to
provide all its eligible employees with a retirement incentive
program authorized by Chapter 665 of the Laws of 1984.
|
| B.
|
The commencement date of the
retirement incentive program shall be January 1, 1986.
|
| C.
|
The open period during which
eligible employees may retire and recieve the additional
retirement benefits shall commence January 1, 1986, and terminate
March 31, 1986.
|
| D.
|
The actuarial present value of the
additional retirement benefits payable pursuant to the provisions
of this local law shall be funded over a five-year period. The
amount of the annual payment in each of the five years shall be
determined by the Actuary of the New York State Employees'
Retirement System, and it shall be paid by the Incorporated
Village of Farmingdale for each employee who received the
retirement benefits payable under this local law.
|
§ 14A-12. Residency. [Added 1-11-1988 by L.L. No.
1-1988; amended 5-5-1998 by L.L. No. 1-1998]
Notwithstanding any other provision of law to the
contrary, the holders of appointed village offices within the Incorporated
Village of Farmingdale, except members of the Zoning Board of Appeals and
Planning Board, may reside at any location within the County of Nassau or
in the County of Suffolk.
1 Editor's Note: This local law supersedes former Ch. 14,
Personnel Policies, adopted 6-1-63, amended 10-2-72.
2 Editor's Note: This resolution did not specifically amend Ch.
14, but was included here as the most appropriate location for inclusion
in the Code book.
3 Editor's Note: This resolution did not specifically amend Ch.
14, but was included here as the most appropriate location.
|
|
|
