Subject to the limitations set forth in the
subsequent sections of this article, whenever any civil action has
been or shall be brought against any person (hereinafter referred
to as "employee") holding or formerly holding any office, position
or employment with the Borough of Totowa for any action or omission
arising out of or in the course of the performance of the duties of
such office, position or employment, the Borough shall defray all
costs of defending such action, including reasonable counsel fees
and expenses, together with costs of appeal, if any, and shall save
harmless and protect such persons from any financial loss resulting
from the litigation. The Borough Attorney, or other attorney selected
by the Mayor with advise and consent of the Borough Council, shall
represent the Borough official or employee.
The Borough shall not defray the costs of defending
any criminal action against any municipal employee except as may be
authorized by state statute or other municipal ordinance or resolution
of the Borough of Totowa; and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
Borough determine that there is good cause to dismiss the employee,
arising out of the incident or related incidents of the criminal prosecution,
the Borough will not reimburse the employee or official for legal
defense and costs of defending the suit, even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.