[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield 4-9-2001 by Ord. No. 1739. Amendments noted where applicable.]
All public officials and employees of the Borough
(hereinafter "Borough officials") who are named as defendants in a
civil suit or other legal proceeding or are charged with a criminal
offense, on account of any act or omission which arises through the
Borough official's official capacity or through the Borough official's
individual capacity for events arising out of, or connected directly
or indirectly, with the performance of the Borough official's duties
as an official or employee of the Borough, shall be conditionally
indemnified for costs, expenses and damage awards incurred in connection
with said suits or prosecutions, but only as provided for in this
chapter.
Any Borough official who is named as a defendant
in any civil suit or criminal prosecution, either in his or her official
capacity or individual capacity, for events arising out of or connected,
directly or indirectly, with the performance of their duty as an official
employee of the Borough, shall promptly advise the governing body
and the Borough Attorney that said action has been commenced and shall
supply to the governing body and the Borough Attorney a copy of any
and all pleadings pertaining to said suit or criminal charge. The
Borough official shall thereafter cooperate with the appropriate Borough
agents, servants and employees in effectuating the provisions of this
chapter.
As to civil suits or other legal proceedings
in which a Borough official is named defendant, the Borough shall
defend and provide a defense for said official or employee, either
through the Borough Attorney or his designee, through legal counsel
provided by the Borough's insurance carrier or by permitting the Borough
official to select private legal counsel of the official's choosing.
In those instances where the public official is authorized by the
Mayor and Council to retain private legal counsel, the Borough will
pay the reasonable cost of same, including investigation, costs, and
reasonable legal fees, as further defined in this chapter.
As to civil suits or other legal proceedings in which a Borough official is a named defendant, the Borough shall indemnify and hold harmless the Borough official for all damage awards, verdicts and other forms of civil penalty or judgment unless it is determined that the Borough should not be responsible on account of the factors set forth in §
23-7A through
E.
[Amended 8-19-2013 by Ord. No. 2231]
The Borough will not provide a defense for Borough
officials who are charged with criminal offenses. The Borough shall,
however, reimburse the Borough official the reasonable cost of the
defense of the criminal prosecution, including investigation, costs
and reasonable legal fees, as further defined in this chapter, provided
that the prosecution is terminated by a dismissal or finding of not
guilty as to the Borough official.
The Mayor and Council, with the advice of the
Borough Attorney, shall determine what costs, expenses and legal fees
are reasonable under the facts and circumstances of each case. For
purposes of this indemnification policy, the Borough will pay only
legal fees which are based on an hourly rate and will not pay retainers
to attorneys or investigators. The Mayor and Council will determine,
on a case-by-case basis, the reasonable hourly rate to be paid to
the independent legal counsel that is authorized under this chapter.
[Amended 5-11-2009 by Ord. No. 2086]
The Borough will not provide a defense and indemnification
of officials and employees in the following instances:
A. It is determined by a court of competent jurisdiction,
whether by final judgment in a civil suit or conviction of a criminal
offense, that the act or omission of the Borough official constitutes
a criminal offense, actual fraud, actual malice, willful misconduct
or an intentional act or omission.
B. It is determined by a court of competent jurisdiction
that the act or omission of the Borough official is outside the scope
of the official's employment or official capacity.
C. The action or proceeding has been brought by the Borough
itself against the Borough official.
D. The Borough official has failed to substantially cooperate
with the Borough and its agents, servants and employees in connection
with the potential claim, suit or proceeding and the defense thereof.
E. Defense and indemnification is not deemed appropriate
by the Mayor and Council pursuant to the authority contained in N.J.S.A.
59:10-1 et seq.
F. In those instances where the Borough has elected to
provide a defense or costs associated therewith for the Borough official
and it is later determined that the payment of such costs for the
official was improper, the Borough official shall promptly reimburse
to the Borough the full amount of said payments by the Borough. In
no event shall the Borough be liable to pay any punitive damage award
against any official or employee for any reason.
G. The Borough
official has failed, for any reason, to provide the governing body
with an original copy of any document giving initial notice to the
official of any claim or potential claim within 10 calendar days from
the official’s receipt of such notice of claim or potential
claim. These documents may include but are not limited to a summons,
complaint, process, notice, demand or pleading, or such other document
which would give the official reason to believe he or she may be subject
to a potential claim.
When the Borough provides a defense of a Borough
official pursuant to this chapter, the Borough may assume exclusive
control of the representation of the Borough official. In those instances
where the Borough permits the Borough official to retain independent
legal counsel, the Mayor and Council may limit the extent of the participation
of the independent legal counsel in the litigation if, in the opinion
of the Mayor and Council, such limitation is reasonable under the
circumstances and will not prejudice the Borough official.
Nothing contained herein shall prevent the Borough
from bifurcating its treatment as to any Borough official, both as
to whether and how it will provide a defense and/or indemnification.
Accordingly, the Borough may provide a defense and/or indemnification
for some allegations against a Borough official, but not as to others,
and may provide the defense in different forms as to difficult allegations.
[Added 5-14-2001 by Ord. No. 1743]
Nothing provided herein is intended to conflict
with the provisions of New Jersey statutes as those statutes pertain
to the defense and indemnification of police officers, firefighters
and the Municipal Clerk. To the extent that the provisions of this
chapter are in conflict with New Jersey statutes as they pertain to
police officers, firefighters and the Municipal Clerk, the provisions
of applicable New Jersey statutes, as interpreted by the courts of
this state, shall take precedence and prevail.