As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
EMPLOYEE
Includes 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 his judicially appointed personal representative. Members
of all Town boards, such as the Busti-Lakewood Recreation Commission,
Board of Assessment Review, Planning Board and the Zoning Board of
Appeals, shall not be considered volunteers, and the Town Attorney
shall not be considered an independent contractor.
The duties to defend and indemnify and save harmless provided
in this chapter 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 the employee is served with
such document. Such delivery shall be deemed a request by the employee
that the Town provide for his or her defense pursuant to this chapter,
unless the employee shall state, in writing, that a defense is not
requested; and
B. The full cooperation of the employee in the defense of such action
or proceeding and in the defense of any action or proceeding against
the Town based upon the same act or omission and in the prosecution
of any appeal.
The benefits of this chapter 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 chapter be construed
to affect, alter or repeal any provisions of the Workers' Compensation
Law.
The provisions of this chapter shall not be construed to impair,
alter, limit or modify the right and obligations of any insurer under
any policy of insurance.
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 right to defense and 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 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.