The purpose of this article is to provide legal and financial
protection for those individuals serving the County of Dutchess from
losses 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 article, the County Legislature
of Dutchess County 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 article, the County Legislature
of Dutchess County does not intend to limit or otherwise abrogate
any existing right or responsibility of the County of Dutchess or
its employees with regard to indemnification or legal defense. It
is solely the intent of this article 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.
[Amended 5-13-1991 by L.L. No. 6-1991]
As used in this article, the following terms shall have the
meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the County of Dutchess, whether or not
compensated, or a volunteer expressly authorized to participate in
a County-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 and shall also
include an officer, director or employee of the Dutchess County Industrial
Development Agency and a member of any board or agency appointed by
the County Executive and/or the Dutchess County Legislature.
The duty to defend or indemnify and save harmless provided by
this article shall be conditioned upon the following:
A. Delivery by the employee to the County Attorney, or his/her assistant,
at his/her office, of the original or a copy of any summons, complaint,
process, notice, demand or pleading within 10 days after service on
the employee. Such delivery shall be deemed a request by the employee
that the County Attorney provide for his defense pursuant to this
article.
B. The full cooperation of the employee in the defense of such action
or proceeding and in the defense of any action or proceeding brought
against the County based on the same act or omission, and in the prosecution
of any appeal.
The benefits of this article 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 article be construed
to affect, alter or repeal any provision of the Workers' Compensation
Law.
The provisions of this article shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
The provisions of this article shall apply to all actions and
proceedings pending upon the effective date hereof or thereafter instituted.
Except as otherwise specifically provided in this article, the
provisions of this article shall not be construed in any way to impair,
alter, limit, modify, abrogate or restrict any immunity available
to or conferred upon any unit, entity, officer or employee of the
County of Dutchess, or any right to defense and/or indemnification
provided for any governmental officer or employee by, in accordance
with, or by reason of any other provision of state or federal statutory
or common law.