[Adopted 9-22-1980 by L.L. No. 1-1980]
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 Town, but shall not include a volunteer,
any person not compensated for his services or an independent contractor.
The term "employee" shall include a former employee, his estate or
a judicially appointed personal representative.
The duties to defend provided in this article
shall be contingent upon delivery to the Town Attorney or, if none,
to the Town Supervisor of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five days after he is served
with such document and the full cooperation of the employee in the
defense of such action or proceeding and defense of any action or
proceeding against the Town 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 Town provide for his defense pursuant
to this article, unless the employee shall state, in writing, that
a defense is not requested.
The Town of Aurora does hereby adopt § 18
of the Public Officers Law, entitled "Defense and indemnification
of officers and employees of public entities."