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, including members of appointed
boards or commissions, whether or not compensated, including but not
limited to the Recreation Commission, the Town Historian and volunteers
expressly authorized to participate in a publicly sponsored volunteer
program, but not including independent contractors. The term "employee"
shall include a former employee, his estate or judicially appointed
personal representative. The Town may, by contract, include an independent
contractor as an employee under this chapter of the Town Code.
MEMBERS OF APPOINTED BOARDS
Includes the current and former members of the Zoning Board
of Appeals, Planning Board, the Assessment Board of Review, the Board
of Ethics and any other board or commission to be created by the Town
of Kingsbury whose members are responsible for regulating activities
in the Town or are responsible for providing services.
PARTY
Any person who was, is or is threatened to be made a named
defendant in a lawsuit, claim or proceeding.
TOWN
The Town of Kingsbury, Washington County, New York.
The duties to defend and indemnify provided in this chapter
shall be contingent upon:
A. Delivery to the Town Supervisor of the original 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 defense
pursuant to this chapter, unless the employee shall state, in writing,
that a defense is not requested.
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.
The benefits of this chapter will inure 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 appeal any provisions of the Workers' Compensation Law.
The benefits of this chapter 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 chapter shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
Unless otherwise specifically provided in this chapter, 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 provided for any governmental officer
or employee by or in accordance with 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,
filed or brought on or after the effective date of this chapter.