As used in this article, the following terms
shall have the meaning indicated:
EMPLOYEE
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 the Town, whether or not compensated. The term "employee"
shall include a former employee, his/her estate or judicially appointed
personal representative.
VILLAGE
The Village/Town of Mount Kisco, its departments and agencies.
The duty to defend or indemnify and save harmless
prescribed by this article shall be conditioned upon:
A. Delivery by the employee to the Village Attorney of
a written request to provide for his or her defense, together with
the original or a copy of any summons, complaint, process, notice,
demand or pleading within 10 days after being served with such document;
and
B. The full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the Village based upon the same act or omission and in the
prosecution of any appeal.
If any provision of this article or its application
to any person or circumstance be 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 article or the application of any of its provisions to any
other person or circumstance.