Pursuant to the statutory authority in N.J.S.A. 59:10-4 and subject to and consistent with the provisions of said New Jersey Tort Claims Act, the Borough hereby indemnifies its employees, appointees and officials and former employees, appointees and officials in accordance with the indemnification provisions applicable by statute to all state employees, except with respect to liability for any act or omission described in §
17-3 of this chapter.
Indemnification of employees, appointees and officials and former employees,
appointees and officials of the Borough under this chapter shall apply to
all conduct described in N.J.S.A. 59:3-2 through 59:3-14, inclusive, of the
New Jersey Tort Claims Act.
Indemnification under this chapter shall not apply, however, to any
liability for an act or omission constituting a crime, actual fraud, actual
malice, intentional wrong or willful misconduct. "Willful misconduct," as
used in this chapter, includes but is not limited to acting knowingly and
clearly outside the scope of one's employment. Nothing in this chapter authorizes
the Borough to pay for punitive or exemplary damages.
The indemnity provided by this chapter shall apply only in excess of
all insurance (regardless of the ownership of such insurance) against any
loss or losses covered by the indemnity provided by this chapter.
The Borough shall defend every employee, appointee and official and
former employee, appointee and official indemnified under the terms of this
chapter to the greatest extent permitted by law, provided that said employee,
appointee or official or former employee, appointee, or official reasonably
cooperates in his or her own defense. Said employee, appointee or official
or former employee, appointee or official may join in his or her own defense,
provided that he or she does so at no cost or expense to the Borough and,
provided, further, that the joining in said defense does not materially interfere
with, delay, impede or weaken the defense provided by the Borough under the
terms of this chapter.