Except as hereinafter provided, the Borough of Florham Park,
hereinafter known as the "Borough," shall, upon the request of any
present or former official, employee or appointee of the Borough,
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.
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 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; and
D. Any person who as a condition of his or her appointment or contract
is required to indemnify and defend the Borough and/or secure insurance.
In any action or proceeding, including criminal proceedings,
the Borough may provide for the defense of a present or former official,
employee or appointee, if the Borough concludes that such representation
is in the best interest of the Borough and that the person to be defended
acted or failed to act in accord with the standards set forth in this
chapter.
Whenever the Borough provides for the defense of any action
set forth herein and as a condition of such defense, the Borough may
assume exclusive control over the representation of such persons defended,
and such person shall cooperate fully with the Borough.
The Borough 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 under any appropriate insurance policy that requires
the insurer to provide a defense.