[HISTORY: Adopted by the Municipal Council of the City of Clifton as indicated in article histories. Amendments noted where applicable.]
Article I Legal Expenses of Officers, Officials and Employees
[Adopted 12-1-1981 by Ord. No. 4678-81; amended in its entirety 9-1-1998 by Ord. No. 5997-98]
The City will, at its expense, defray the fair and reasonable legal costs and expenses of any of its officers, officials and employees, appointive or elective, who are defendants in any action or legal proceeding, including a complaint filed in Municipal Court, arising out of and directly related to the lawful exercise of his or her official duties where such suit has been dismissed or terminated in favor of said employee, official or officer.
The fees for legal services rendered in defense shall be based upon $90 per hour, and shall not exceed the sum of $750 for Municipal Court appearances, and the sum of $5,000 in any other action or court proceeding, exclusive of appeals from the determination and judgments of said courts to any appellate courts. The fees for legal services to be rendered for municipal officers, officials and employees in cases of appeals to upper courts shall first be negotiated and approved by the Municipal Attorney and Municipal Council after the Municipal Council having first approved of the taking of any appeal by the officer, official or employee involved.
Written notice of the commencement of such proceeding and the name and address of the attorney representing said officer, official or employee shall be submitted to the Municipal Attorney immediately upon service of a complaint upon said officer, official or employee, and shall include a statement from the proposed attorney agreeing to be bound by the provisions of § 31-1 of the Code of the City of Clifton.
The bill submitted by the defense attorney, after services have been rendered, shall be completely detailed to include the dates and hours of service, the nature of the services, the total charges for services, and the nature and amount of out-of-pocket expenses, if any.
Notwithstanding the foregoing, the Municipal Attorney shall have the authority to approve an amount greater than that set forth in Subsection A hereof, provided that the attorney for the officer, official or employee shall file with the Municipal Attorney a statement at the time of the commencement of the proceeding or as soon as the attorney becomes aware of the possibility that the amount set forth in Subsection A will not be sufficient to adequately represent said officer, official or employee, setting forth the same amount of time anticipated to be spent in said representation and the total amount to be charged for the services to be rendered. The Municipal Attorney shall notify the Municipal Council of receipt of said statement. In no event, however, shall the fee for legal services for any matter exceed $10,000, exclusive of court costs, without the approval of the Municipal Council.