The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village of Castleton-on-Hudson 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 chapter, the Village Board
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 chapter, the Village Board does not intend to
limit or otherwise abrogate any existing right or responsibility of
the Village of Castleton-on-Hudson or its employees with regard to
indemnification or legal defense. It is solely the intent of this
chapter to provide maximum coverage for local employees, such as is
presently provided for state employees, so as to continue to attract
qualified individuals to local government service.
As used in this chapter, 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 Castleton, whether or
not compensated, or a volunteer expressly authorized to participate
in a municipally sponsored volunteer program, but shall include a
former employee, his or her estate or judicially appointed personal
representative. The term "employee" shall also include members of
all boards, commissions and corporations of and affiliated with the
Village, including all local development corporations and community
resource corporations affiliate with the Village.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Village Attorney
or his or her assistant, at his or her office, by the employee of
the original or a copy of any summons, complaint, process, notice,
demand or pleading within five days after he or she is served with
such document; and the full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the state based upon the same act or omission, and in the
prosecution of any appeal. Such delivery shall be deemed a request
by the employee that the Village provides for his or her defense pursuant
to this chapter.
The benefits of this chapter 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 chapter be construed
to affect, alter or repeal any provision of the Workers' Compensation
Law.
The provisions of this chapter 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 chapter shall apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted, whether or not the actions or proceedings complained of
occurred prior to or subsequent to the effective date of this chapter.
Except as otherwise specifically provided in this chapter, the
provisions of this chapter 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
Village, 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.