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 by the Town
Board or full- or part-time employment in the service of the town, but shall
not include a volunteer or an independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed personal
representative.
The duties to defend provided in this chapter shall be contingent upon
delivery to the Town Supervisor of the original or a copy of any summons,
complaint, process, notice, demand or pleading within five days after the
employee is served with such document (or within one day if the legal document
demands a response earlier than five days) 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 or her defense pursuant to this
chapter unless the employee shall state, in writing, that a defense is not
requested.
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 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.
Unless 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.