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, but shall not include an independent
contractor. The term "employee" shall include a former "employee,"
his estate or judicially appointed personal representative.
TOWN
The Town of Shandaken.
The duties to defend provided in this chapter
shall be contingent upon delivery to the Town Attorney or, if none,
to the 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 upon the full cooperation of the
employee in the defense of any 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 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 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, 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.
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.