As used in this chapter, unless the context requires otherwise, 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 an independent contractor.
The term "employee" shall include a former employee, his or her estate or
judicially appointed personal representative.
TOWN
The Town of Irondequoit.
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.
The duties to defend provided in this chapter shall be contingent upon:
A. Delivery to the Town Attorney or, if none, to the Town Supervisor
of the original or a copy of any summons, complaint and process, notice, demand
or pleading within 10 days after he or she is served with such document; and
B. 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 or her defense pursuant to this chapter, unless the employee
shall state, in writing, that a defense is not requested.
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 of
any other provision of state or federal statutory or common law.