Document cortlandcountyny_gov_doc_0f12e43420

NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ^I^^ANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated sl^ffiPfi^^ or underlining to indicate new matter. ^ j NOV 0 1 onoA •Gi^ Cortland ^ ^ 2004 S STATE RECORDS 3 LocalLawNo ofthe year 20. A local law ^ Local Law Adopting; a Defense and Indemnification (fnserl Title) and Official Undertaking Law Be it enacted by the Legislature ofthe (Name of Legislative Body) County City ^ of as follows: Town Cortland ^^illago (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev, 11/99) Page 1 of 3 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 03 04 I hereby certify that the local law annexed local law No. I I of 20 of the (County)(City)(Town)(Village) of was duly passed by the Legislature October 21 ^ accordance with the applicable (Name of Legislative body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedX not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(VilIage) of_ was duly passed by the on 20 , and was (^proved)( not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(pennissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) ' ' (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the ch^rperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev. 11/99) P a g O 2 Of 3 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. — of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Murucipal Home Rule Law, and having received the affirmative vote of a maj ority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 —of the County of State ofNew York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors of the cities of said county as a unit and a majority ofthe qualified electors of the towns ofsaid counfy considered as a unit voting at said general election, became operative, (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the ma indicated in paragraph above. C' yf Qerk ofthe county legislative body. City, Town or Village Clerk or officer designated by local legislative body ^ October 27, 2004 (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Cortland; I, the imdersigned, 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. Signature (John L . Bardsley) County Attorney Title County City^^ Cortland Town Villago Date: October 27, 2004 DOS-239 (Rev. n/99) Pago 3 of 3 ---PAGE BREAK--- Adopt Local Law # 3 ofthe Year 2004 A Local Law Adopting a Defense and Indemnification and Official Undertaking Law WHEREAS, Section 403 of County Law requires various public officers and employees to execute and file an official undertaking to ensure to the County's monies and property, AND WHEREAS, Section 11 of Public Officer's Law authorizes the County Legislature to procure a blanket undertaking that shall indemnify the County against losses as a result of the failure of the officers, clerks and employees covered thereunder to faithfully perform their duties or to account properly for all monies or properties received by virtue of their positions or employment and/or through fraudulent or dishonest acts committed by the officers, clerks, and employees covered thereimder, AND WHEREAS, Section 18 of Public Officer's Law requires the County to defend and indemnify of officers and employees of the County in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his or her public employment or duties, AND WHEREAS, the County Legislature has determined that it is in the best interests of the County of Cortland, its officers and employees and to the general public to insure that its employees are protected against the costs of defense and risks of personal liability arising from or attributable to acts, omissions, or decisions made in the ordinary course of their County employment; and that by affording the fullest possible protection against such risks, the County Legislature finds that it should enhance the willingness and capacity of its agents to effectively and completely perform their assigned duties on behalf of the County and its citizens, AND WHEREAS, the range of issues for which municipal officers and employees can be named as defendants, and the scope of potential exposure has been expanded, by operation of federal and state statutes and by operation of judicial case law throughout the United States, AND WHEREAS, the County Legislature of the County of Cortland has determined that it is within its home rule powers to expand the scope of the protections afforded to its officers and employees in a manner similar to that adopted by other jurisdictions in New York State, including the County of Orange (1998), the County of Monroe (1996) and the City of Rochester (1986), NOW, THEREFORE, BE IT ENACTED, by the County Legislature of the County of Cortland, New York, hereby establishes and adopts this Local Law providing for the Defense and Indemnification of officers and employees of the County of Cortland, to read as follows: ---PAGE BREAK--- Section 1. Definitions Section 2. Conferring Benefits Section 3. Blanket Undertaking Section 4. Defense and Indemnification Section 5. Scope of Indemnification & Limitations Section 6. Employee Cooperation Required Section 7. Preservation of Rights Section 8. Notice Required/Effect on Other Laws Section 9. Insurance and Parallel Coverage Section 10. Public Purpose Section 11. Non-Limitation of Rights/Obligations Section 12. Immunity Section 13. Sole Benefits Section 14. Construing Provisions Section 15. Effect on Insurance Provisions Section 16. Conflict in Local Law or Resolution Section 17. Applicability Section 18. Severance Section 19. Effective Date Section 1. DEFINITIONS As used in this local law, unless the context otherwise requires: The term "County" shall mean the political subdivision of the State of New York comprising the County of Cortland, The term "employee" shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of Cortland County, whether or not compensated, or for a fixed term or not fixed, and including such employees when serving ex officio or as a designated County representative on a non-Coimty board, committee, commission, district, authority or corporation, but shall not include an independent contractor. The term "employee" shall include a former employee, his/her estate or judicially appointed personal representative. For the purposes of this Local Law only, the term "employee" shall include the Sheriff and the Undersheriff of the Cotmty of Cortland. The term "employee" for purposes of this Local Law shall not include employees covered by any collective bargaining agreement unless and imtil the benefits accorded by this section are incorporated through good faith bargaining into such collective bargaining agreement. Until such time, the language contained in any valid collective bargaining agreement shall supercede any inconsistent provisions of this Local Law and shall define the parameters of defense and indemnity available to members of any such bargaining unit. ---PAGE BREAK--- The term "goveming body" shall mean the Cortland County Legislature. The term "County Attorney" shall mean the County Attorney and any assistant County Attorney designated to act on his or her behalf in the manner and order prescribed by Section 502 of the County Law. Section 2. CONFERRING BENEFITS The Cortland County Legislature, in accordance with its home rule powers imder the New York State Constitution and Article 2 of the Mimicipal Home Rule Law, and other statutory authority does hereby confer the benefits of defense and indemnification described herein, upon its eligible employees and agrees to be held liable for the costs incurred under the provisions of this Local Law. By enactment of this Local Law, the County of Cortland does not intend to establish or enlarge any direct liability of the County or to limit or otherwise abrogate any existing right or responsibility of the County or its officers or employees with regard to legal defense or indemnification. This Local Law shall not in any way impair any powers of the County Attorney granted by the Coimty Law or any other law relative to the commencement, management and disposition of civil actions or proceedings. Section 3. BLANKET UNDERTAKING The Cortland County Legislature, in accordance with Section 11 of Public Officers Law, hereby consents and approves the procurement of a blanket undertaking fi*om any authorized surety or insurance company covering officers, clerks, and employees and indemnifying the County against losses incurred through the failure of the officers, clerks and employees cover thereunder to faithfully perform their duties or to account properly for all monies or properties received by virtue of their positions or employment, and/or through the fraudulent or dishonest acts committed by the officers, clerks and employees covered thereunder. Section 4. DEFENSE AND INDEMNIFICATION Civil Cases. The County Attorney shall determine whether the County will defend and/or indemnify an employee. The policy of Cortland County is to afford the broadest civil defense and indemnification protection to its employees consistent with proper exercise of professional judgement and discretion; and the specific reasons for any denial of defense and indemnification shall be stated in writing, as provided in Subsection herein. Upon compliance by the employee with the provisions of Section 5 of this Local Law, and subject to the limitafions set forth herein, the County shall provide for the defense of the employee in any civil action or proceeding, state or federal, or before any administrative agency arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or ---PAGE BREAK--- duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the County employer. When the County Attorney requests defense and indemnification under this Local Law, the determination of eligibility shall be made by the Coimty Administrator. Criminal Cases. The County shall pay reasonable and necessary attorneys' fees, at rates prevailing in the local legal community, disbursements and litigation expenses incurred by a county employee in his or her defense in a criminal proceeding in a state or federal court arising out of any act or omission that occurred while the employee was exercising or performing his or her powers and duties within the scope of public employment, as determined by the County Attorney. The county employee shall be entitled to private counsel of his or her own choice, except that the County Attorney may require that appropriate groups of county employees be represented by the same private counsel. This duty to pay for a defense in a criminal proceeding shall arise only upon the complete acquittal of a county employee or the dismissal of all criminal charges or termination of all criminal investigations against such employee. Attorneys' fees, disbursements and litigation expenses shall be submitted by the attorney within thirty (30) days after the acquittal or dismissal to the County Attorney; and shall be reviewed by the County Attorney, who shall then make a recoromendation regarding payment to the County Auditor. No extraordinary disbursements or fees shall be paid to such private counsel unless prior written consent of the County Attorney was obtained, but such consent will not be unreasonably withheld. Itemized bills providing a description of the work performed, hours worked, person providing service, rate per hour and disbursements shall be submitted to the County Attorney in the manner, time and form required by the County Attorney. The Coimty Legislature shall retain to hself the authority to create a budgetary fund to meet the expenses which accrue under this Section; and to appropriate money to such budgetary fimd. Conflict of Interest. The County Attorney or his or her designee shall have the duty to defend or may employ special counsel to defend the county employee in any civil action, proceeding or administrative hearing unless the County Attorney determines that a conflict of interest exists, in which case the County Attorney shall prepare a list of no fewer than three private attomeys from which the employee may select private counsel of his choice, except that the County Attorney may require that appropriate groups of county employees be represented by the same private counsel. The selections ofthe County Attorney in preparing such a list in conflict situations shall be made so as to ensure that private counsel has a type and level of experience appropriate to the subject matter of the case; that such counsel has no conflict of interest with the County; that such counsel is prepared to act in the closest cooperation with the County Attorney consistent with standards of professional responsibility and that such counsel has agreed to terms of compensation established by the County, and to other reasonable contract terms including Cotmty standards regarding audit and review of financial claims ---PAGE BREAK--- The County Attorney may, solely as an exercise of discretion, consider and include on the list an attorney requested by the coimty employee to be defended. If special counsel is employed, due to conflict of interest factors the county shall pay reasonable and necessary attorneys' fees, at rates agreed to by the County Attomey at the time of employment or assembly of the list, as well as disbursements and litigation expenses incurred on behalf of the employee in his or her defense. No extraordinary disbursements or fees shall be paid to such private counsel unless prior written consent of the County Attomey was obtained. Itemized bills providing a description of the work performed, hours worked, person providing service, rate per hour and disbursements shall be submitted to the County Attomey in the manner, time and form required by the County Attomey for review and approval by that official and by the County Auditor in accordance with established County procedures. The County Legislature shall retain to itself the authority to create a budgetary fund to meet the expenses which accme under this Section; and to appropriate money to such budgetary fimd. Disputes. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding. Preservation of Right to Appear. Where the employee timely delivers process and a written request for a defense to the county under Section 5 of this local law, the county shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of the question pertaining to the obligation to provide for a defense. . Determination of Eligibility and Revocation. In making the determinations of eligibility for defense or for indemnity under this Local Law, the County Attomey may utilize the ctunulative information available to him or her at the time of making the determination, including but not limited to any allegations, any type of records or any examinations or investigations by whomever conducted. With respect to subsection of this section , the County Attomey shall make a determination of eligibility at or before the time to serve or file an answer in a civil action or proceeding. A determination favorable to the county employee may thereafter be revoked by the County Attomey no later than the start of trial for good cause; or, if the county employee, with respect to any material and relevant acts or omissions, lied in any investigation of the underlying incident upon which the County Attomey relied in making the original determination and the tmth causes the County Attomey to revise the original determination. The County Attomey's determination, original or revised, shall be in writing and provided to the county employee; and if a determination is adverse to the county employee, it shall state the facts and reasons therefor. The Coimty Attomey shall consult with the County Administrator [or, with the Chairman of the County Legislature, when it is the County Administrator who requests defense ---PAGE BREAK--- and indemnification] prior to issuing an adverse determination. A special proceeding brought in New York State Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules shall be the exclusive method by which a county employee aggrieved by a determination of the County Attomey may seek judicial review of that determination. If, as a result of such review, the county employee obtains a reversal of the County Attomey's determination, the County shall reimburse the employee for attomeys fees and filing fees incurred in obtaining the reversal providing that such fees are reasonable and necessary according to prevailing practices and standards in the legal community of Cortland County, as determined by the County Attomey, subject to judicial review. Secfion 5. SCOPE OF INDEMNIFICATION & LIMITATIONS Civil Case Indemnification. The County shall indemnify and save harmless its employees in the amount of any civil judgment obtained against such employees in a state or federal court or administrative agency, or in the amount of any settlement of a claim, in the nature of compensatory, special, punitive or other damages, including sanctions, fines, costs and attomeys fees, provided that the act(s) or omission(s) from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties and as to punitive damages was properly discharging his or her powers and duties within the scope of the public employment as determined by the County Attomey; which determination, and any revision thereof, shall be made prior to trial, and in the fime and manner specified by Section 3(f) of this Local Law; and provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement in the manner established by the County Legislature for resolution of claims. Judgments shall be paid in the time and manner established by the County. The duty to indemnify shall not arise where a judgment is obtained or a claim settled as a result of an action or proceeding brought by or at the behest of the County itself Exclusion. Except as otherwise provided by law, the duty to indemnify and save harmless proscribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee, Prior Orders. Nothing in this section shall authorize the County to indemnify or save harmless an employee with respect to money recovered from an employee pursuant to Section 51 of the General Municipal Law; provided, however, that the County shall indemnify and save harmless its employees' in the amount of any costs, attomeys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, v^thout willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settiement entered in any court of this state or ofthe United States. ---PAGE BREAK--- Tender of Judgment to County. Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail within thirty days of the date of entry or settlement, upon the Chairman of the County Legislature or the County Attomey; and if not inconsistent with the provisions of this section, the amount of such judgment or settlement shall be paid by the County. Section 6. EMPLOYEE COOPERATION REQUIRED The duty to defend or indemnify and save harmless prescribed by this section shall be conditioned upon: delivery by the employee to the County Attomey or to the Chairman of the County Legislature of a written request to provide for his defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading three business days after he is served with such document; (ii) the full and response by the employee in any and all County investigations into the incident(s) and transaction(s) upon which the action or proceeding is predicated and the full and continuing cooperation of the employee in the defense of any action or proceeding against him or her, or against the County of Cortland based upon the employees alleged acts or omissions and in the taking of any appeals; and (iii) the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the County based upon the same act or omission, and in the prosecution of any appeal. Section 7. PRESERVATION OF RIGHTS The benefits of this section shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this section be constmed to affect, alter or repeal any provision ofthe Workers' Compensation Law. Secfion 8. NOTICES REQUIRED/ EFFECT ON OTHER LAWS This section shall not in any way affect the obligation of any claimant to give notice to the County under Section Ten of the Court of Claims Act, Section 50-e of the General Mimicipal Law, or any other provision of law; nor shall it operate to waive, extend or modify the limitation upon actions provided under Section 50-i of the General Municipal Law. Section 9. INSURANCE OR PARALLEL COVERAGE The County, upon direction by the County Legislature, is hereby authorized and empowered to purchase insurance from any insurance company created by or under the laws of this state, or authorized by law to transact business in this state, ---PAGE BREAK--- against any liability imposed by the provisions of this section, or to act as a self- insurer with respect hereto. The duties to pay for or to provide a defense to and to indemnify and save harmless a compensated county employee serving ex officio or as a designated County representative on a non-County board, committee, commission, district, authority or corporation shall be secondary and supplemental to any obligation to defend and indemnify and any liability insurance provided by the non-County entity on which the county employee serves. Section 10. PUBLIC PURPOSE All payment made under the terms of this section, whether for insurance or otherwise, shall be deemed to be for a public purpose and shall be audited an paid in the same maimer as other public charges. Section 11. NON-LIMITATION OF RIGHTS/OBLIGATIONS The provisions of this section shall not be constmed to impair, alter, limit or modify the rights and obligations of any insurer under any pohcy of insurance. Section 12. IMMUNITY Except as otherwise specifically provided in this section, the provisions of this section shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity to liability available to or conferred upon any unit, entity, officer or employee of the County by, in accordance with or by reason of, any other provision of state or federal statutory or common law. The duty to indemnify and save harmless a volunteer shall be secondary to the immunity provisions of the federal Volunteer Protection Act of 1997, 42 USC Section 14501 ff.; and to any other federal, state or local statutory provisions limiting the liability of volunteers, or establishing complete or limited immunity from liability. Section 13. SOLE BENEFITS Except as otherwise provided in this law, benefits accorded to employees imder this section shall be in lieu of and take the place of defense or indemnification protections accorded the same employees by another enactment. Section 14. CONSTRUING PROVISIONS Except as otherwise specifically provided by this Local Law, the provisions of this Local Law shall not be constmed in any way to impair, alter, limit, modify, 8 ---PAGE BREAK--- abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the County of Cortland, or any other level of government, or any right to defense and/or indemnity provided for any governmental officer or employee by, in accordance with, or by reason of, any other provisions of coimty, state or federal statutory or common law. The Sheriff of the County of Cortland, the Undersheriff of the County of Cortland and any person appointed by the Sheriff of the County of Cortland including but not limited to Sheriffs deputies are included under the term "employee" for convenience of reference within this Local Law only. The provisions of this chapter shall not be constmed as establishing an employment or respondent superior relationship between the County of Cortland, the Sheriff of the County of Cortland, the Undersheriff of the County of Cortland, or any person appointed by the Sheriff of the County of Cortland, including but not limited to Sheriffs deputies. The provisions of this Local Law shall not be constmed as an assumption by the County of Cortland, of responsibility or liability for the negligence or tortuous conduct of the Sheriff or Undersheriff of the County of Cortland, or for any person appointed by the Sheriff of the County of Cortland, including but not limited to the Sheriffs deputies. This Local Law shall not include employees covered by any collective bargaining agreement unless and until the benefits accorded by this section are incorporated through good faith bargaining into such collective bargaining agreement. Until such time, the language contained in any valid collective bargaining agreement shall supercede any inconsistent provisions of this Local Law and shall define the parameters of defense and indemnity available to members of any such bargaining unit. Section 15. APPLICABILITY The provisions of this Local Law shall apply to all actions and proceedings pending upon the effective date thereof, or thereafter instituted. Section 16. CONFLICTS IN LOCAL LAW OR RESOLUTION The provisions of this Local Law shall govem. All previous Local Laws or Resolutions duly adopted by the County Board of Supervisors or County Legislature in conflict herewith are hereby rescinded. Section 17. SEVERANCE If any provision of this section or the application thereof to any person or circumstances by held unconstitutional or invalid in whole or in part by any court, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this section or the application of any such provision to any other person or circumstance. ---PAGE BREAK--- Section 18. EFFECTIVE DATE This local law shall take effect immediately upon filing in the Office of the Secretary of State of the State ofNew York, as provided by Section 27 of the Municipal Home Rule Law. StateofNew York ) ) SS. County of Cortland ) This is to certify that I, the undersigned Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing Local Law # 5 for the Year 2004 with the original Local Law #5 for the Year 2004 now on file this office and which was passed by ihe Cortland County Legislature of said County on the 21^' ^ day of Octobert, 2004, and that the same is a correct and true transcript of such original Local Law #5 and of the whole thereof. In Witness Whereof, I have set my hand and the official seal of the Cortland County Legislature, this 27 th day of October, 2004. ^ ^ Clerk of the Cortland County Legislature ---PAGE BREAK--- S T A T E O F N E W Y O R K Coi'lland Comity City of Cortland LEGAL NOTICE PLEASE TAKE NOTICE L^^L^ i^K'^'ic hearinq wjll be held before the Cortland Countv Leqisiature on Oc- tober 21. 2D04 at 6:00 p.m. m the Legislative Cham- bers of theT^ortland County Office 60 Central Ave., Cortland, N.Y. 13045 } to consider proposed Local the Year 2004: Law #3 fofi A Local Law Adoptiflo a Defense and Indemnifica- tion and Official Undertak- mo Law. ^ ^ v T h ^ ^ t ^ ADVISED, that at the aforementioned time and place -any and afl persons wishing to be nearq on the matter will be afforded an opportunity to speak; AND • > A^f/.IAS.^ FURTHER ADVISED, that the Legisla- ture will consider any and all. opinions expressed in writing and mailed or other- wise delivered to reach the .Office of the Clerk of the Legislature at the afore- mentioned address prior to the time of said hearing. , By the Order of the Cort- iand County Legislature. Carletta Edwards\ Clerk 24t-1t S.S. j ^ T ^ P ^ ^ N . W-.CIiiZ^tK being duly sworn, deposes and says that he resides in County of Cortland and State of New York, and resided there during the time of the publication of the notice hereinafter mentioned; that he is over twenty-one years of age; that he now is and during the lime of the publica- tion of the notice hereinafter mentioned was the . .I/BGAXi. CI^ERJK of the Cortland Standard Printing Co., Inc., the publisher and proprietor of the newspaper called "Cortland Standard," a public newspaper priilled and published daily except sun- days, in said city; that a notice-of^hich a true q^ipy is hereto annexed, was pub- lished in said newspaper on . Subscribed this . . . b e f p r e j u j m / of. Oc^m 20 Notary Public ^A-ayne L. OarK i^otary i-'ublic State of New Yo.-k Uun^iified in Coniunr! Co. 474^^0S1 Expires Sept'sQ^zo^'j ---PAGE BREAK--- LEGAL NOTICE PLEASE TAKE NOTICE, that a public hearing will be held before the Cortland County Legislature, on October 21, 2004 at 6:00 pm in the Legislative Chambers ofthe Cortland County Office Building, 60 Central Ave,, Cortland, NY 13045, to consider proposed Local Law # 3 for the Year 2004: A Local Law Adopting a Defense and Indemnification and Official Undertaking Law. PLEASE BE ADVISED, that at the aforementioned time and place any and all persons wishing to be heard on the matter will be afforded an opportunity to speak, AND PLEASE BE FURTHER ADVISED, that the Legislature vdll consider and any all opinions expressed in writing and mailed or otherwise delivered to reach the Office of the Clerk of the Legislature at the aforementioned address prior to the time of said hearing. By the Order of the Cortland Coimty Legislature. Carletta Edwards, Clerk