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, whether or not compensated,
but shall not include an independent contractor. The term "employee"
shall include a former employee, the employee's estate or judicially
appointed personal representative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
TOWN
The Town of Potsdam.
[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 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 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 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.
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, 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.