[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 6-8-1998 by Ord. No. 11-0-98. Amendments
noted where applicable.]
The Borough of Wanaque shall provide a defense
and save, indemnify and hold harmless any elected or appointed official
or officer of the borough, from any and all claims, suits, demands,
damages and judgments or actions seeking injunctive or other relief
arising out of their performance of duties and/or positions as such
elected or appointed official or officer.
Any such borough elected or appointed official
or officer, upon receiving notice of any claim, demand, lawsuit or
action against them, shall forthwith notify the Business Administrator
of the same and provide copies of any letters, communications or summaries
of any oral notification transmitted to them.
The Borough Attorney shall review all such letters,
communications or summaries of any oral notification, and provide
a defense to said elected or appointed official or officer.
In all cases where the claim, demand, lawsuit
or action is covered under any borough insurance policy, the Borough
Business Administrator shall forthwith forward the same to the appropriate
insurance company requesting the insurance company to provide a defense
and save, indemnify and hold harmless such elected or appointed officer
or official.
In the event that a conflict of interest should
arise with respect to the Borough Attorney representing multiple parties
to any action, then the Borough of Wanaque shall appoint such additional
attorneys as are appropriate to protect the interests of the individual
elected or appointed officials or officers and shall fix the term
and compensation of their engagement. In fixing such term and engagement,
the borough shall pay to such other counsel the then professional
fee charged by the Borough Attorney for defense of similar actions,
together with applicable costs.
The borough shall save, indemnify, and hold
harmless each elected or appointed official or officer from and on
account of any claims, damages, judgments, assessments or penalties
that may be adjudicated or fixed with respect to such elected or appointed
official or officer.
