As used in this chapter, unless the context otherwise requires, the
following items 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 compensated for the services,
but not including a volunteer or independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed representative.
VILLAGE
The Village of Penn Yan, New York.
The benefits of this chapter will inure only to the employees 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.
Except as otherwise provided in this chapter, benefits accorded to an
employee under this chapter shall be in lieu of and take the place of defense
or indemnification protections accorded the same employees by another enactment,
unless the Board of Trustees of the Village of Penn Yan shall have provided
that these benefits shall supplement and be available in addition to defense
or indemnification protection conferred by another enactment.
Except 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 to liability 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.
This chapter shall not in any way affect the obligation of any claimant
to give notice to the Village under § 10 of the Court of Claims
Act or § 55, Subdivision (e) of the General Municipal Law, or any other provision of law.
If any provision of this chapter or the application thereof to any person
or circumstance shall be held unconstitutional or invalid in whole or in part
by any court, such holding of unconstitutionality or invalidity shall in no
way affect or impair any other provision of this chapter or the application
of any such provision to any other person or circumstance.