(A) The duty to defend or indemnify and save harmless provided by this chapter shall be conditioned upon:
(1) Delivery to the Village Attorney or his or her assistant, at his or her office, by the employee of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he or she is served with the document; and
(2) The full cooperation of the employee in the defense of the action or proceeding and in defense of any action or proceeding against the state based upon the same act or omission, and in the prosecution of any appeal.
(B) The delivery shall be deemed a request by the employee that the village provide for his or her defense pursuant to this local law.
(Ord. 3-1980, passed 12-22-1980)