As used in this chapter, the following terms
shall have the following meanings:
OFFICIAL or MUNICIPAL EMPLOYEE
A present or former municipal employee, appointee, official,
elected official or member of the various boards, agencies and commissions
of the Borough of Glen Rock, Bergen County, New Jersey.
QUASI-ATHLETIC ORGANIZATIONS
A Borough of Glen Rock athletic organization approved by
resolution of the Borough Council and approved for membership in the
Bergen County Municipal Joint Insurance Fund (JIF). Volunteer board
members of quasi-athletic organizations, as well as coaches, managers
and other league officials, including part-time umpires or referees,
shall be included as members of the organization.
Each year, and no later than the official start
of their sports season, any quasi-athletic organization that wants
coverage under this article shall deliver to the Borough Clerk a complete
list of all volunteers and officials to be covered for that year.
Whenever required by either the Borough JIF insurance or safety officials,
all coaches will meet the training requirements established for that
particular sport. It is the intent of this article that the Borough
and quasi-athletic organizations work together to minimize risks through
training and safety improvements and to make sure that all volunteers
and officials receive proper training and instruction before participating
for any approved quasi-athletic organizations.
The Mayor and Council shall not approve indemnification
of the defense of any action if:
A. The act or omissions complained of was not within
the scope of employment or authority.
B. The act of 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 Borough and the individual involved.
D. There exists policies of insurance, either obtained
by the Borough or by another, by virtue of which the official, municipal
employee or approved member of a quasi-athletic organization is entitled
to a defense of the action in question from the insurer. In the event
that the aforesaid insurance covers less than an entire defense to
the particular action, indemnification shall be approved for that
part of the defense not covered by insurance.
E. The official, municipal employee or approved member
of a quasi-athletic organization has failed to deliver to the Mayor
and Council within 14 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
Borough in the defense of the matter.
F. The official, municipal employee or approved member
of a quasi-athletic organization fails to request the defense of any
action.
G. If the action was brought by the Borough.
In addition to the provisions hereof, all officials,
municipal employees and approved members of a quasi-athletic organization
shall be entitled to defense and indemnification as provided in N.J.S.A.
59:10-1, et seq., and N.J.S.A. 59:10A-1, et seq.
Costs of defense and legal fees to be provided
herein by the Borough shall be calculated as reasonable prevailing
fees as charged in the County of Bergen at the time they are incurred,
and the Borough shall only be responsible to that extent. In the event
of a dispute as to the reasonableness of any fee to be paid by the
Borough in defense of an individual, as provided herein, either party
may seek review before the Superior Court of New Jersey, Bergen County,
for adjudication.