As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
EMPLOYEES
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
The Town of Spencer.
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.
[Amended 4-14-1998 by L.L. No. 1-1998]
The duties to defend provided in this chapter shall be contingent
upon delivery to the Town Attorney or, if none, to the Town 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 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.
[Amended 4-14-1998 by L.L. No. 1-1998]
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.