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 of Parma, whether or not compensated,
but shall not include an independent contractor. The term "employee"
shall include a former employee, his estate or a judicially appointed
personal representative.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Town Clerk
or his or her assistant, at the Town Hall, by the employee, 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.
Such delivery shall be deemed a request by the employee that the town
provide for his defense pursuant to this chapter. The full cooperation
of the employee in the defense of such action or proceeding and in
defense of any action or proceeding against the town based upon the
same act or omission, and in the prosecution of any appeal, shall
also be conditions for the defense or indemnity provided in this chapter.
The benefits of this chapter shall inure only to employees as defined in §
35-1 of this chapter 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 provision of the Worker's 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.
The provisions of this chapter shall apply to all actions and
proceedings pending on the effective date hereof or hereafter instituted.
Except as otherwise specifically provided in this chapter, the
provisions of this chapter shall not be construed in any way to impair,
alter, limit, abrogate or restrict any immunity available to or conferred
upon any unit, entity, officer or employee of the town or any right
to defense and/or indemnification provided for any governmental officer
or employee by, in accordance with or by reason of any other provision
of the town, state or federal statutory or common law.