As used in this Article, 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, 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 Orchard Park.
The duties to defend provided in this resolution 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 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 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 Article, unless the employee shall state in writing that
a defense is not requested.
The benefits of this Article will inure only to employees as de fined
herein and shall not enlarge or diminish the rights of any other party, nor
shall any provision of this Article be construed to effect, alter or repeal
any provisions of the Workmen's Compensation Law.
The benefits of this Article 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 Article 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 Article, the provisions of
this Article 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 the state or federal statutory or common law.
The provisions of this Article shall apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this Article.
[Added 10-1-86]
This Article shall apply to any person rendering professional services
to the town.