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 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 Binghamton.
The duties to defend provided in this chapter
shall be contingent upon the following:
A. Delivery to the Town Attorney or, if none, to the
Town Supervisor of the original or a copy of any summons, complaint,
process, notice, demand or pleading within 10 days after he is served
with such document; and
[Amended 4-15-2003 by L.L. No. 1-2003]
B. The full cooperation of the employee in the defense
of such 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.