Borough of Middlesex, NJ
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2023-10-10
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Part I, Administrative Legislation
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Chapter 23 Defense and Indemnification
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Background Checks, Criminal History Record
- Ch 6 Bylaws of Council
- Ch 10 Claims, Payment of
- Ch 12 (Reserved)
- Ch 14 Cooperative Pricing
- Ch 18 Court, Municipal
- Ch 19 Culture and Heritage Committee
- Ch 23 Defense and Indemnification
- § 23-1 Definitions.
- § 23-2 Statutory authorization.
- § 23-3 Limitations on benefits.
- § 23-4 Defense provided by Borough.
- § 23-5 Exclusions.
- Ch 26 Board, Committee, and Commission Meeting Attendance
- Ch 28 (Reserved)
- Ch 32 Environmental Commission
- Ch 36 Emergency Management
- Ch 40 Fire Department
- Ch 44 Flood Control Commission
- Ch 48 Health, Board of
- Ch 52 Housing and Community Development Advisory Committee
- Ch 56 Land Use Procedures
- Ch 60 Map, Official
- Ch 62 Municipal Alliance Committee on Alcoholism and Drug Abuse
- Ch 64 Mutual Assistance
- Ch 68 Officers and Employees
- Ch 72 Payroll Procedures
- Ch 76 Pensions
- Ch 80 Police Department
- Ch 84 Political Fund-Raising
- Ch 86 Filming
- Ch 88 Purchasing Department
- Ch 92 Department of Public Recreation and Senior and Disabled Services
- Ch 93 Recreation and Parks Improvement Committees
- Ch 94 Redevelopment Committee
- Ch 96 Salaries and Compensation
- Ch 100 Shade Tree Commission
- Ch 103 Traffic Safety Committee
- Part II, General Legislation
- Ch 108 Adult Uses and Entertainment
- Ch 112 Advertising Materials
- Ch 117 Alarm Devices and False Alarms
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Games
- Ch 129 Animals
- Ch 150 Carnivals
- Ch 154 Certificates, Birth, Death and Marriage
- Ch 158 Certificates, Sale/Lease
- Ch 168 Construction Codes, Uniform
- Ch 172 (Reserved)
- Ch 176 Conversions, Condominium and Cooperative
- Ch 182 Donation Bins
- Ch 186 Drug-Free Zones
- Ch 190 (Reserved)
- Ch 195 Fees
- Ch 200 Festivals
- Ch 204 Fiber Optic Cables, Installation of
- Ch 208 Firearms and Ammunition, Sale of
- Ch 212 Fire Detection Systems
- Ch 216 Fire Lanes
- Ch 220 Fire Prevention
- Ch 224 Flood Damage Prevention
- Ch 240 Housing Standards
- Ch 244 Junkyards and Junk Dealers
- Ch 248 Land Development
- Ch 252 Landfills
- Ch 254 Landscaping Services
- Ch 256 Laundries
- Ch 260 Library
- Ch 264 Littering
- Ch 265 Limousines
- Ch 268 Loitering
- Ch 272 Massage and Bodywork Therapy Establishments
- Ch 276 Meat, Retail Sale of
- Ch 280 Minibikes
- Ch 284 Newspaper Vending Machines
- Ch 288 Numbering of Buildings and Lots
- Ch 292 Parades and Other Assemblies
- Ch 296 Parking, Handicapped
- Ch 301 Parks and Recreation Areas
- Ch 305 Peace and Good Order
- Ch 309 Peddling and Soliciting
- Ch 313 Poolrooms and Bowling Alleys
- Ch 315 Precious Metals and Secondhand Goods
- Ch 316 Prohibited Use of Borough Land
- Ch 317 Property Maintenance
- Ch 318 Property, Abandoned
- Ch 319 Rapid-Entry Key System
- Ch 320 Registration, Landlord
- Ch 321 Recreational Cannabis Retailing
- Ch 323 (Reserved)
- Ch 325 Riparian Zones
- Ch 327 Sales, Seasonal
- Ch 329 Schools
- Ch 332 Sewers
- Ch 334 (Reserved)
- Ch 336 Shopping Centers
- Ch 343 Smoking
- Ch 344 Smoking: Cannabis Limitations
- Ch 347 Soil Removal, Erosion and Sediment Control
- Ch 351 Solid Waste
- Ch 352 Steep Slopes
- Ch 354 Storm Drains
- Ch 355 Stormwater Control
- Ch 359 Streets and Sidewalks
- Ch 363 Structures, Dangerous
- Ch 367 Swimming Pool, Municipal
- Ch 371 Tattooing
- Ch 375 Taxation
- Ch 379 Taxicabs
- Ch 383 Tobacco, Sale of
- Ch 387 Towing
- Ch 391 Trailers and Campgrounds
- Ch 395 Trees
- Ch 399 Used Cars, Sale of
- Ch 403 Vehicles, Abandoned
- Ch 407 Vehicles and Traffic
- Ch 414 Water
- Ch 420 Zoning
- Part III, Board of Health Legislation
- Ch 425 General Provisions, Board of Health
- Ch 427 Barbershops, Beauty Parlors and Nail Salons
- Ch 429 Bylaws of Board of Health
- Ch 434 Gas and Oil Exploration
- Ch 436 Housing Standards
- Ch 438 Officers and Employees
- Ch 440 Rabies Control
- Ch 442 Radioactive Materials
- Ch 443 Retail Food Establishments
- Ch 446 Sanitary Regulations
- Ch 450 Swimming Pools, Public
- Ch 456 Water Supplies, Individual and Semipublic
- Appendix
- Ch A457 Franchises
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
12-29-1987 by Ord. No. 1112. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 68.
As used in this chapter, the following terms shall have the meanings
indicated:
A present or former Borough of Middlesex employee, appointee, official,
elected official or member of the various boards, agencies, committees and
commissions of the Borough.
Pursuant to the provisions of N.J.S.A. 59:10-1 et seq.,
the Borough of Middlesex is hereby authorized to provide for the defense of
actions brought against its officials and to indemnify such officials to the
extent hereinafter set forth in this chapter.
The Borough Council shall not approve the defense of any action if it
determines that:
A.
The act or omission complained of was not within the
scope of employment or authority.
B.
The act or omission complained of was because of actual
fraud, willful misconduct or actual malice.
C.
There exists policies of insurance, either obtained by
the Borough or by another, by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer.
D.
The defense of the action or proceeding would create
a conflict of interest between the Borough and the official involved.
E.
The municipal official has failed to deliver to the Borough
Clerk within 10 days of the time he or she is served with any summons, complaint,
process, notice or demand or thereafter fails to cooperate with the Borough
in the defense of the matter.
If the Borough Council determines to provide a defense as authorized
in this chapter, it may do so by either hiring an attorney of its choice and
paying the same directly or reimbursing the municipal official for reasonable
attorney's fees expended or obligated to be expended by such official in the
defense of the act.
Specifically excluded from the provisions of this chapter are the following
classes of municipal officials:
A.
Any municipal official providing any form of professional
medical services, such as doctors and nurses, insofar as any action arises
out of or as a result of (concerns) those professional medical services.
B.
Any professional municipal official providing contractual
services for the Borough, such as the Borough Corporate Counsel, Assistant
Corporate Counsel, Engineer, Auditor or any other official providing professional
or unspecifiable services under separate appointment retainer, agreement or
contract, insofar as any action arises out of or as a result of (concerns)
those professional services.
