As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
ACTION
Any judicial or quasijudicial or administrative proceeding under
either federal or state law, including but not limited to civil and criminal
court proceedings and administrative proceedings. This definition shall not
extend to actions commenced by the Village against the employee.
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village, but not including a volunteer, any person not
compensated for his services, or an independent contractor. The term "employee"
shall include a former employee, his or her estate or judicially appointed
representative.
VILLAGE
The Village of Holley, County of Orleans and State of New York.
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 who is
a member 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.
Except 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, officer or employee of the Village 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.