As used in this chapter, unless the context otherwise requires:
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program, or any other
person holding a position by election, appointment or employment in
the service of a public entity, whether or not compensated, but shall
not include the sheriff of any county or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
GOVERNING BODY
The board or body in which the general legislative, governmental
or public powers of the public entity are vested and by authority
of which the business of the public entity is conducted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The duties to defend provided in this chapter shall be contingent
upon delivery to the Village Attorney or, if none, to the Village
Supervisor 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 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 or insurance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 government 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.