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 Village, but shall not include a
volunteer, any person not compensated for his or her services or an
independent contractor. The term "employee" shall include a former
employee, his estate or judicially appointed personal representative.
VILLAGE
The Village of Wesley Hills.
The duties to defend provided in this chapter shall be contingent
upon:
A. Delivery to the Village Attorney or, if none, to the Mayor of a written
request to provide for his defense, together with the original or
copy of any summons, complaint, process, notice, demand or pleading
within 10 days after he or she is served with such document; and
B. The full cooperation of the employee in the defense of such action
or proceeding and the defense of any action or proceeding against
the Village 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 rights 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 Village or any right to defense 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 pending or which shall have been commenced
or instituted on or after the effective date of this chapter.