As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEES
Any person holding a position by election, appointment or employment
in the service of the village, 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.
The duties to defend provided in this chapter shall be contingent upon
delivery to the Village Attorney or, if none to the Village Mayor 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 village 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 village provide for his defense pursuant to this
chapter, unless the employee shall state in writing that a defense is not
requested.
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.