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, whether or not compensated,
but shall not include an independent contractor or its employees.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
The duties to defend provided in this chapter
shall be contingent upon the delivery to the Village Attorney or,
if none, to the Village Clerk 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 the full cooperation of the employee
in the defense of such action or proceeding and defense of any action
or proceeding against the Village 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 Village provide for his defense
pursuant to this chapter, unless the employee shall state, in writing,
that a defense is not required.
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 benefits of this chapter shall be extended
to an employee of a negotiating unit for which an agreement has been
negotiated pursuant to 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.
As 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
Village or any right to defense provided for any governmental officer
or employee by, in accordance with or by reason, 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.