[Adopted 7-14-1980 by L.L. No. 5-1980]
As used in this article, 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 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 judicially appointed personal
representative.
TOWN
The Town of Cornwall.
The duties to defend provided in this article shall be contingent upon
delivery to the Town Supervisor of the original or a copy of any summons,
complaint, process, notice, demand or pleading within five days after the
employee 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 benefits of this article will 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 provisions of the Workers' Compensation Law.
The benefits of this article shall be extended to an employee of a negotiating
unit for which an agreement has been negotiated pursuant to Civil Service
Law, Article 14, only if such agreement expressly so provides.
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.
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 town or any right to defense 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.