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 village, but shall not include a volunteer or an independent
contractor. The term "employee" shall include a former employee, his estate
or judicially appointed personal representative.
Duties to defend and indemnify provided in this chapter shall be contingent
upon delivery to the Village Attorney or, if none, to the Village Manager
of the original or a copy of any summons, complaint, process, notice, demand
or pleading within five 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 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 village 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.