As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEES
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 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 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 benefits of this chapter shall inure only to employees as defined
herein and shall not enlarge or diminish the rights of any other party, nor
shall any provisions 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 the 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.
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.
The provisions of this chapter shall apply to all actions and proceedings
specified herein which have been commenced.