As used in this article, 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 a volunteer,
any person not compensated for his services or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
TOWN
The Town of Grand Island.
[Amended 9-20-2000 by L.L. No. 6-2000]
A. The duties to defend, indemnify and save harmless
provided in this article shall be contingent upon delivery to the
attorney appointed for the Town 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 he 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.
B. Upon entry of a final judgment against the employee,
or upon the settlement of the claim, the employee shall serve a copy
of such judgment or settlement, personally or by certified or registered
mail within 30 days of the date of entry or settlement, upon the Supervisor
of the Town; and if not inconsistent with the provisions of this section,
the amount of such judgment or settlement shall be paid by the Town.
The benefits of this article 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 article
be construed to affect, alter or repeal any provisions of the Workers'
Compensation Law.
The benefits of this article shall be extended
to an employee of a negotiating unit for which an agreement has been
negotiated pursuant to the Civil Service Law, Article 14, only if
such agreement expressly so provides.
The provisions of this article 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 article,
the provisions of this article 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 government 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 article shall apply to
all actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this article.