As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Includes any officer or employee whether or not compensated or part-time
who is authorized to perform any act or service for the City of Bridgeton;
provided, however, that the term shall specifically exclude any independent
contractor, but is intended to include any professional staff of the City
of Bridgeton, who, for purposes of this chapter shall not be regarded as an
independent contractor.
OFFICIAL or MUNICIPAL OFFICIAL
A present or former municipal appointee, official, elected official
or member of the various boards, agencies and commissions of the City of Bridgeton.
Subject to the limitations set forth in the subsequent sections of this
chapter, whenever any civil action has been or shall be brought against any
employee or official holding or formerly holding any office, position or employment
with the City of Bridgeton, for any action or commission arising out of or
in the course of the performance of the duties of such office, position or
employment, the City 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 City Solicitor, or another attorney selected by the
Mayor, shall represent the employee or official.
The City shall not defray the costs of defending any criminal action
against any employee or official as may be authorized by state statute or
other municipal ordinance or resolution of the City of Bridgeton, and, in
those circumstances, the responsibility for defraying the costs of defending
such employee or official 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 City determine that there is good cause to discipline
the employee or official arising out of the incident or related incidents
of the criminal prosecutions, the City will not reimburse the employee or
official for legal defense and costs of defending the suit, even though criminal
proceedings against the employee or official may be dismissed or the employee
or official found not guilty.
Whenever the City provides any defense required of it under this chapter,
the City, through counsel, may assume exclusive control over the representation
of the public employee, and such employee or official shall cooperate fully
with the defense.
The defense shall be at the option of the City. The City of Bridgeton
may provide any defense required of it under this chapter through an attorney
from the staff of the Department of Law or by employing other counsel at the
option of the Mayor and City Council.
Nothing in this chapter shall authorize the City to pay for punitive
or exemplary damages or damages resulting from the commission of a crime.