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, whether or not compensated
or a volunteer expressly authorized to participate in a Town-sponsored
volunteer program, but shall not include an independent contractor.
The term "employee" shall include a former employee, his/her estate
or his/her judicially appointed personal representative.
The benefits of this chapter shall inure only to employees as
defined herein and shall not enlarge or diminish the rights of any
other party.
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 instituted on or after the effective date thereof.
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
Town or any other level of government 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 Town,
county, state or federal statutory or common law.
If any clause, sentence, paragraph or section shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph or
section directly involved in the controversy in which such judgment
shall have been rendered.
This chapter shall become effective upon filing with the Secretary
of State.
The Town of Haverstraw shall provide for the defense of any
civil action or proceeding brought against a duly appointed police
officer of the Town and shall indemnify and save harmless such police
officer from any judgment of a court of competent jurisdiction whenever
such action, proceeding or judgment is for punitive or exemplary damages,
arising out of a negligent act or other tort of such police officer
committed while in the proper discharge of their duties and within
the scope of their employment. The Town is hereby authorized and empowered
to purchase insurance to cover the cost of such defense and indemnification.