As used in this chapter, unless the context otherwise requires, the
following terms shall have the meaning indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Town but shall not include a volunteer or an independent
contractor. The term "employee" shall include a former employee, his estate
or judicially appointed personal representative.
The duties to defend provided in this chapter 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/she is served with such document and the full cooperation
of the employee in the defense of such 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 chapter unless the employee shall state in
writing that a defense is not requested.
The provisions of this chapter shall apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.