As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village, 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.
[Added 12-19-2006 by L.L. No. 1-2006]
The duty to defend or indemnify and save harmless prescribed by this
section shall be conditioned upon:
A. Delivery by the employee to the Village Attorney or to the Mayor
of a written request to provide for his defense, together with the original
or a copy of any summons, complaint, process, notice, demand or pleading within
10 days after he is served with such document; and
B. The full cooperation of the employee in the defense of such action
or proceeding and in defense of any action or proceeding against the Village
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 apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.