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 Village of Hilton, whether or not
compensated, but shall not include an independent contractor. The
term "employee" shall include a former employee, his estate or judicially
appointed personal representative.
The duty to defend or indemnify and save harmless provided by
this article shall be conditioned upon delivery to the Village Clerk
or his assistant, at the Village Hall, by the employee, 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. Such delivery
shall be deemed a request by the employee that the Village provide
for his defense pursuant to this article. The full cooperation of
the employee in the defense of such action or proceeding and in defense
of any action or proceeding against the Village based upon the same
act or omission, and in the prosecution of any appeal, shall also
be conditions for the defense or indemnity provided in this article.
The benefits of this article shall inure only to employees as defined in §
27-1 of this article, 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 provision of the Workers' Compensation Law.
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.
The provisions of this article shall apply to all actions and
proceedings pending on the effective date hereof or hereafter instituted.
Except 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
Village 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 the Village, state or federal statutory
or common law.