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, whether or not compensated,
or a volunteer expressly authorized to participate in a Town-sponsored
volunteer program, but shall not include the Chief of Police of the
Town or 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 prescribed
by this chapter shall be conditioned upon:
A. Delivery
by the employee to the Town Attorney of a written request to provide
the employee's defense together with the original or a copy of
any summons, complaint, process, notice, demand or pleading within
10 days after the employee is served with such document; and
B. The full
cooperation of the employee in the defense of such action or proceeding
and in defense of any action or proceeding against the Town based
upon the same act or omission, and in the prosecution of any appeal.
The benefits of this chapter shall 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 section be construed to
affect, alter or repeal any provision of the Workers' Compensation
Law.
This chapter shall not in any way affect the obligation of any
claimant to give notice to the Town under § 50-e of the
General Municipal Law or any other provision of 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.
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 to liability
available to or conferred upon any employee or any right to defense
or indemnification provided for any 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 pending upon the effective date thereof or thereafter
instituted.