As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEES
Any person holding a position of 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 Deerpark.
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 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 chapter,
unless the employee shall state in writing that a defense is not requested.
The Town shall provide for the defense of any Town officer or employee
in any civil action or proceeding arising out of any alleged act or omission
in which it is alleged that the officer or employee has violated the civil
rights of the claimant, petitioner or plaintiff under section 1981 and 1983
of the U. S. Civil Rights Act. The Town shall indemnify and save harmless
such officer or employee in the amount of any judgment or settlement of claim
obtained against such officer or employee. Such legal defense and indemnification
shall be provided where the officer or employee at the time of such alleged
act or omission was acting in good faith and within the scope of his public
employment, powers or duties. The provisions of this section shall be in addition
to any other statute, local law or enactment providing legal defense and indemnification
in civil actions brought against such officer or employee.
The benefits of this chapter 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 chapter be construed to affect, alter or repeal
any provisions of the Workers' Compensation Law.
The benefits of this chapter 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 chapter 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 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, official 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.
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.