Borough of Highland Park, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1255 (§ 2-35 of the 1987 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 57.
Personnel policies — See Ch. 61.
027a Reimbursement Schedule

§ 27-1 Provision of indemnification and legal defense.

Except as hereinafter provided, the Borough of Highland Park shall, upon the request of any present or former official, employee or appointee of the Borough of provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.

§ 27-2 Exemplary or punitive damages.

Pursuant to N.J.S.A. 59:10-4, the indemnification and defense provided for in this chapter shall include exemplary or punitive damages resulting from the employee's civil violation of state or federal law if, in the opinion of the Mayor and Council of the Borough of Highland Park, the acts committed upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.

§ 27-3 Construal of terms.

The terms of this chapter and the definition of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this chapter, except that these terms shall not mean:
A. 
Any person who is not a natural person;
B. 
Any person while providing goods or services of any kind under any contract with the Borough of Highland Park except an employment contract;
C. 
Any person while providing legal or engineering services for compensation unless said person is a full-time employee of the Borough of Highland Park; and
D. 
Any person who as a condition of his or her appointment or contract is required to indemnify and defend the Borough of Highland Park and/or secure insurance.

§ 27-4 Civil actions.

The Borough of Highland Park shall provide for defense of and indemnify any present or former official, employee or appointee of the Borough of Highland Park who becomes a defendant in a civil action if the person or persons involved:
A. 
Acted or failed to act in a matter in which the Borough of Highland Park has or had an interest;
B. 
Acted or failed to act in the discharge of a duty imposed or authorized by law; and
C. 
Acted or failed to take action in good faith. For purposes of this chapter, the duty and authority of the Borough of Highland Park to defend and indemnify shall extend to a cross-claim or counterclaim against said person.

§ 27-5 Defense in best interest of Borough.

In any other action or proceeding, including criminal proceedings, the Borough of Highland Park may provide for the defense of a present or former official, employee or appointee if the Mayor and Council of the Borough of Highland Park concludes that such representation is in the best interest of the Borough of Highland Park and that the person to be defended acted or failed to act in accord with the standards set forth in this chapter.

§ 27-6 Borough to control representation.

Whenever the Borough of Highland Park provides for the defense of any action set forth herein and as a condition of such defense, the Borough of Highland Park may assume exclusive control over the representation of such persons defended, and such person shall cooperate fully with the Borough of Highland Park.

§ 27-7 Means of defense.

The Borough of Highland Park may provide for the defense pursuant to this chapter by authorizing its attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the Borough of Highland Park under any appropriate insurance policy that requires the insurer to provide defense.