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 Town, including members of appointed boards or commissions,
whether or not compensated, and volunteers expressly authorized to participate
in a publicly sponsored volunteer program, but not including independent contractors.
The term "employee" shall include a former employee, his estate or judicially
appointed personal representative.
MEMBERS OF APPOINTED BOARDS
Includes the current and former members of the Union Vale Planning
Board, the Union Vale Zoning Board of Appeals, and any other board or commission
to be created by the Town of Union Vale whose members are responsible for
regulating activities in the Town or are responsible for providing services.
[Amended 6-12-2003 by L.L.
No. 4-2003]
PARTY
Any person who was, is, or is threatened to be made a named defendant
in a proceeding.
TOWN
The Town of Union Vale, Dutchess County.
The duties to defend and indemnify provided in this chapter shall be
contingent upon:
A. Delivery to the Town Supervisor of the original copy
of any summons, complaint, process, notice, demand or pleading within five
days after the employee is served with such document. Such delivery shall
be deemed a request by the employee that the Town provide for his defense
pursuant to this chapter, unless the employee shall state, in writing, that
a defense is not requested.
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.
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 Town or any right to defense provided for
any governmental officer or employee by or in accordance with 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.