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, 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 estate or
judicially appointed personal representative.
TOWN
The Town of Smithtown.
The duties to defend (indemnify and save harmless) provided
in this article shall be contingent upon:
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 five days after he is served with such document;
and
B. 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.
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 Civil Service Law Article 14.
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 (and/or indemnification) provided for any governmental
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.