As used in the 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 not including 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.
TOWN
The Town of Queensbury.
[Added 5-24-1991 by L.L. No. 6-1991]
To the extent set forth herein, the Town Board of the Town of Queensbury
hereby agrees to confer the benefits of Public Officers Law § 18
described below upon its employees and to be held liable for the costs incurred
under these provisions.
The duties to defend and indemnify 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 will 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 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, 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, instituted or brought on or after
the effective date of this chapter.