As used in this chapter, unless the context otherwise requires:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town of Delaware, a volunteer expressly
authorized to participate in a publicly sponsored volunteer program,
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.
TOWN
The Town of Delaware, and where the following have agreed
by resolution to confer the benefits of this chapter upon their employees
and be responsible for the costs incurred thereby, any other public
benefit corporation, public improvement, special district, public
authority, commission or agency organized by or under the authority
of the Town of Delaware.
The Town shall indemnify and save harmless any employee in the
amount of any judgment obtained against such employee in a state or
federal court or administrative agency or in the amount of any settlement
of a claim, provided the act or omission from which such judgment
or claim arose occurred while the employee was acting within the scope
of his public employment or duties; provided, further, that in the
case of a settlement the duty to indemnify and save harmless shall
be conditioned upon the approval of the amount of settlement by the
Board. The duty to indemnify and save harmless shall not apply to
any injury or damage which resulted from the intentional wrongdoing
or recklessness of the employee or to punitive or exemplary damages,
fines, penalties or money recovered from an employee pursuant to § 51
of the General Municipal Law. The duty to indemnify and save harmless
shall apply to an employee acting within the scope of his public employment
and duties who has, without willfulness or intent on his part, violated
a prior order, judgment, consent decree or stipulation of settlement
entered in any court of this state or of the United States or of any
administrative agency.
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.
Except 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.