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, 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
judicially appointed personal representative.
TOWN
Town of North Collins.
The duties to defend provided in this chapter shall be contingent
upon delivery 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 and 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. 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.
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 obtained by the Town or any other entity for
the purpose of providing the cost of such defense and indemnification
called for by this chapter.
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 Town 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 which have been commenced, instituted
or brought on or after the effective date of this chapter.