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 Village, whether or not a sponsored volunteer expressly
authorized to participate in a Village-sponsored volunteer program, but shall
not 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 delivery to the Village Attorney by the
employee 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 in the 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.
The benefits of this chapter shall inure only to employees as defined
herein and shall not enlarge or diminish the right of any other party, nor
shall any provision of this chapter 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 Village under any 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.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted.
Except as otherwise specifically provided herein, 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 and/or
indemnification 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.