[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 8-20-1995 by Ord. No. 95-09. Amendments noted where applicable.]
" Official," "officer" or "employee" shall mean any person presently or formerly elected or appointed to public office, board or commission of the Borough of Longport, or employed or retained by the borough for any office, commission or board thereof, whether such person serves in a paid or unpaid capacity; provided, however, that these terms do not include independent contractors employed by the borough.
Whenever an official, officer or employee of the Borough of Longport is a defendant in any civil action or legal proceedings, including the employee's civil violation of state or federal law, arising out of or incidental to the performance or nonperformance of his or her duties, the Borough of Longport shall provide the official, officer or employee with the necessary defense, or, at the borough's option, a means for defense of such action or proceeding, up, through and including any appeal, and shall hold such officer or employee harmless and indemnify him or her from the payment of any settlement, judgment and exemplary or punitive damages resulting from the proceeding, even if it is later decided by a judge or jury to have been unlawful or improper as to the plaintiff, except in the following situations:
Whenever an official, officer or employee of the Borough of Longport is a defendant in any criminal action or legal proceeding arising out of or incidental to the performance of his or her duties and in the event said action or legal proceeding is dismissed or finally determined in favor of the official, officer or employee, he or she shall be reimbursed for the expense of defense.
The providing of a defense and indemnification referred to in §§ 13-2 and 13-3 above shall be refused by the municipality if it is the determination of the Borough Commissioners that:
The acts or omission was not within the scope of the person's employment or official duties;
The act or failure to act was because of actual fraud, willful misconduct or actual malice or intentional wrongdoing;
The defense of the action or proceedings by the borough would create a conflict between the borough and the officer or employee;
There exist policies of insurance either obtained by the borough or by another by which the official, officer or employee is entitled to a defense of the action in question from the insurer;
It is not deemed appropriate, pursuant to the authority contained in N.J.S.A. 59:10-1 et seq;
The public official, officer or employee has failed to fully cooperate with the defense provided by the municipality; or
The public official, officer or employee has failed to notify the Borough of Longport as soon as possible as to any action threatened against them.
This chapter shall not apply retroactively to any matters now the subject of a lawsuit.
The Borough of Longport reserves the option to defend an employee of the Borough of Longport or provide the employee with the means for a defense or indemnify the employee for his or her defense.
Whenever the borough provides the defense of a municipal official, officer or employee pursuant to this chapter, the borough may assume exclusive control of the representation of such official, officer or employee, and such official, officer or employee shall cooperate fully with the borough's defense.
In the event that it is ultimately determined that the public official, officer or employee of the Borough of Longport cannot be indemnified under the terms and conditions of this chapter, then the official, officer or employee agrees to reimburse the Borough of Longport for monetary amounts, fees and costs, including attorneys' fees which have been advanced or provided by the Borough of Longport to him or her or on his or her behalf.