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 Town, notwithstanding when the alleged
improper act occurred or is alleged to have occurred and whether or
not the employee is compensated, but shall not include an independent
contractor. The term "employee" shall include a former employee, his
or her estate or judicially appointed personal representative.
TOWN
The Town of Fishkill.
TOWN ATTORNEY
The Town Attorney, if one is appointed, or the attorney(s)
to the Town in the absence of appointment of a Town Attorney.
Nothing in this chapter shall authorize the Town to indemnify
or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties, money recovered from an employee pursuant
to Article 7-A of the State Finance Law or § 51 of the General
Municipal Law or property forfeited pursuant to § 1311 of
the Civil Practice Laws and Rules; provided, however, that the Town
shall indemnify and save harmless its employees in the amount of any
costs, attorneys' fees, damages, fines or penalties which may
be imposed by reason of an adjudication that an employee, acting within
the scope of his or her public employment or duties, has, without
any willfulness or intent on his or her part, violated a prior order,
judgment, consent decree or stipulation of settlement in any court
of this state or of the United States.
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 specified herein upon the effective date hereof or thereafter
instituted.