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, but shall not include a volunteer, any person not compensated for his services, except as set forth in §
14-4C of this chapter, or an independent contractor. The term "employee" shall include a former employee, his estate or a judicially appointed personal representative.
TOWN
The Town of Southeast, Putnam County, New York.
The duties to defend provided in this chapter
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 chapter, unless the employee shall state in writing that a
defense is not requested.
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.
[Added 8-19-1986 by L.L. No. 1-1986]
The Town shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees
in any state or federal court or any administrative tribunal or in
the amount of any settlement of a claim, provided that the act or
omission from which the judgment or claim arose occurred while the
employee was acting within the scope of his public employment or duties;
provided, further, that, in the case of a settlement, the duty to
indemnify and save harmless shall be conditioned upon the approval
of the amount of settlement by the Town Board.