Town of West New York, NJ
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2022-12-14
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Part I: Administrative Legislation
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Chapter 69 Officers and Employees
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Article XXV Indemnification of Municipal Officials, Employees and Appointees
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Agreements, Joint
- Ch 4 Alcoholic Beverage Control Board
- Ch 5 Attendance Policy
- Ch 6 Authorities
- Ch 8 Automotive Maintenance and Repair, Division of
- Ch 10 Board of Education
- Ch 11 Civil Rights Commission
- Ch 13 Civil Service
- Ch 16 Community Development, Department of
- Ch 19 Construction Board of Appeals
- Ch 21 Construction Code Official
- Ch 24 Court, Municipal
- Ch 27 Drug-Free Zones
- Ch 30 Electrical Subcode Official
- Ch 31 Emergency Medical Services
- Ch 33 Environmental Commission
- Ch 36 Ethics, Code of
- Ch 39 Finances
- Ch 42 Fire Department
- Ch 46 Franchises
- Ch 49 Housing, Department of
- Ch 53 (Reserved)
- Ch 56 Law Department
- Ch 58 Library Board
- Ch 59 License Department
- Ch 62 Local Civil Defense Council
- Ch 66 (Reserved)
- Ch 69 Officers and Employees
- Ch 69 Art XXV Indemnification of Municipal Officials, Employees and Appointees
- § 69-106 Definitions.
- § 69-107 Authorization.
- § 69-108 Limitations.
- § 69-109 Method of indemnification.
- § 69-110 Town to assume exclusive control of representation.
- § 69-111 Town not authorized to pay damages.
- § 69-112 Conflicts with negotiated contracts.
- Ch 72 Parking Services Agency
- Ch 74 Pensions
- Ch 76 Personnel
- Ch 80 Police Department
- Ch 83 Police and Fire Department Affairs
- Ch 86 Public Affairs, Department of
- Ch 88 Purchasing
- Ch 90 Residency Requirements
- Ch 93 Salaries and Compensation
- Ch 95 Sanitation Division
- Ch 97 Swimming Pool Commission, Municipal
- Ch 98 Tenants Advocacy
- Ch 100 Urban Enterprise Zone
- Part II: General Legislation
- Ch 108 Air Pollution
- Ch 111 Alarm Systems
- Ch 114 Alcoholic Beverages
- Ch 117 Amusements
- Ch 121 Auctions and Auctioneers
- Ch 124 Automobile Service Stations
- Ch 125 Background Checks
- Ch 126 Bamboo
- Ch 127 Barbershops, Beauty Salons and Nail Salons
- Ch 130 Bicycles, Electric Bicycles and Scooters
- Ch 135 Building Construction Standards
- Ch 139 Buildings, Unfit
- Ch 142 Burglary Prevention
- Ch 145 Canopies and Awnings
- Ch 148 Certificates of Occupancy
- Ch 151 Checks, Returned
- Ch 154 Christmas Tree Sales
- Ch 158 Condominium Conversions
- Ch 161 Construction Codes, Uniform
- Ch 162 Construction Cranes
- Ch 164 Contractors, Registration of
- Ch 167 Curfew
- Ch 170 Defacement of Property
- Ch 174 Dogs and Other Animals
- Ch 178 Drug Paraphernalia
- Ch 181 Dumpsters/Construction Containers
- Ch 186 Fees
- Ch 189 Filming
- Ch 192 Firearms and Fireworks
- Ch 195 Fire Limits
- Ch 198 Fire Prevention
- Ch 200 First Responder Radio Communications
- Ch 201 Flea Markets
- Ch 204 Flood Damage Prevention
- Ch 207 Food Handling
- Ch 210 Fuel Devices and Suppliers
- Ch 215 Hazardous Materials
- Ch 218 Heating
- Ch 221 Housing, Affordable
- Ch 222 Identification Card Program
- Ch 223 Insurance
- Ch 227 Junk Dealers
- Ch 231 Land Use Procedures
- Ch 234 Laundries and Dry-Cleaning Establishments
- Ch 237 Limousines and Livery Vehicles
- Ch 242 Littering
- Ch 245 (Reserved)
- Ch 248 Massage Parlors
- Ch 251 Mechanical Standards
- Ch 254 Mobile or Street Food Vendors
- Ch 257 Mopeds
- Ch 260 Multiple Dwellings
- Ch 263 Newsracks
- Ch 266 Noise
- Ch 269 Nuisances
- Ch 273 Obscenity
- Ch 277 Parking
- Ch 280 Parking Lots, Municipal
- Ch 284 Peddling and Soliciting
- Ch 287 Plastic Coverings and Bags
- Ch 290 Plumbing Standards
- Ch 293 Police Protection
- Ch 296 Precious Metals
- Ch 299 Property Maintenance
- Ch 302 Public Property, Damage to
- Ch 304 Real Property
- Ch 306 Recycling
- Ch 309 Refrigerators, Abandoned
- Ch 310 Relocation Assistance
- Ch 312 Rent Control
- Ch 316 Rooming, Lodging and Boarding Houses
- Ch 319 Sales, Special
- Ch 322 Sanitation
- Ch 325 Screens, Protective
- Ch 327 Security Cameras
- Ch 328 Sewage Disposal, Individual
- Ch 329 Sewerage Authority, North Hudson
- Ch 331 Sewers
- Ch 335 Shows and Exhibitions
- Ch 338 Signs
- Ch 341 Skates, Skateboards, Roller Blades, In-Line Skates and Scooters
- Ch 344 Smoke Detectors
- Ch 345 Smoking
- Ch 348 Solid Waste Disposal
- Ch 352 Streets and Sidewalks
- Ch 355 Strikebreakers
- Ch 358 Subdivision of Land
- Ch 361 Swimming Pools
- Ch 364 Taxation
- Ch 367 Taxicabs
- Ch 370 Telephones
- Ch 374 Tort Claims
- Ch 377 Towing
- Ch 379 Tree Removal
- Ch 380 Utility Poles and Underground Facilities
- Ch 380A Vacation Rentals, Short-Term
- Ch 381 Vehicles, Abandoned
- Ch 382 Vehicle Boot Pilot Program
- Ch 384 Vehicles and Traffic
- Ch 387 Vehicles, Motor-Driven
- Ch 391 Vehicles, Storage of
- Ch 394 Vending Machines, Food
- Ch 398 Vibration
- Ch 401 Water
- Ch 403 Waterfronts
- Ch 406 Weapons
- Ch 409 Weeds
- Ch 414 Zoning
- Disposition List
- Ch DL Disposition List
[Adopted 4-19-1995 by Ord. No. 19/95]
As used in this article, the following terms
shall have the meanings indicated:
Present or former Town employees, appointees, officials,
elected officials or members of the various boards, agencies and commissions
of the town.
Pursuant to the provisions of N.J.S.A. 59:10-1
et seq., the Town of West New York shall provide for the defense of
actions brought against its present and former officials and indemnify
such officials to the extent hereinafter set forth in this article.
The Mayor and Board of Commissioners of the
Town of West New York 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 of its official.
B.
The act or omission complained of was because of actual
fraud, willful misconduct or actual malice.
C.
The defense of the action or proceeding would create
a conflict of interest between the Town and the official involved.
D.
The action has been brought by the Town itself against
said official or municipal official.
E.
There exist policies of insurance obtained by the
Town by virtue of which the municipal official is entitled to a defense
and full indemnification from the insurer.
F.
The municipal official has failed to deliver to the
Town Clerk within 10 days of the time he or she is served with any
summons, complaint, process, notice, demand or pleading the original
or copy of such document or thereafter fails to cooperate with the
Town in the defense of the matter.
G.
The act or admission complained of occurred prior
to the effective date of ordinance No. 19/95.
[Added 6-21-1995 by Ord. No. 27/95]
If the Mayor and Board of Commissioners of the
Town of West New York determines to provide a defense as authorized
in this article, 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 action.
Whenever the Town provides the defense of a
municipal official or employee pursuant to this article, the Town
may assume exclusive control of the representation of such official,
officer or employee, and such officer or employee shall cooperate
fully with the town's defense.
Nothing in this article authorizes the Town
to pay for punitive or exemplary damages or damages resulting from
the commission of a crime.
In the event that this article conflicts with
any existing negotiated contract between the Town and its employees,
the terms of the contract shall govern.
