[Amended 2-14-1991 by L.L. No. 1-1991]
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 service or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative. The term shall also
include any Police Commissioner serving the Town.
TOWN
The Town of North Greenbush.
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor as required by §
27-8 of this article, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in §
27-6B and
C on behalf of the employee, to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.
[Amended 11-14-1991 by L.L. No. 9-1991]
The duties to defend or to indemnify and save
harmless 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 ten (10) 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.