[Added 5-24-2000 by Ord. No. 1352]
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.
A. 
The Borough of Glen Rock is hereby authorized to provide for the defense of actions brought against its officials and qualified members of a quasi-athletic organization and to indemnify such individuals to the extent hereinafter set forth and shall save harmless and protect such persons from any financial loss resulting from litigation.
B. 
The obligations of the Borough of Glen Rock to defend and indemnify its officials or approved members of a quasi-athletic organization for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the Borough itself would be liable for the acts of its officials under the doctrine of respondent superior.
C. 
In the event that an official, municipal employee or approved member of a quasi-athletic organization is required to defend an action relating to their position subsequent to leaving office, municipal employment or member of the quasi-athletic organization, the terms, conditions and provisions of this section shall apply.
D. 
In the event that an official, municipal employee or approved member of a quasi-athletic organization is being sued for punitive damages, the Borough of Glen Rock shall not indemnify said official, municipal employee or approved member of a quasi-athletic organization with respect to same, but shall, to the extent provided herein, defend said individual or municipal office in said action and defray the costs of said defense.
A. 
The Borough of Glen Rock shall defray the costs of defending any criminal action against any official, municipal employee or approved member of a quasi-athletic organization (if the underlying allegations of said criminal action reasonably relate to or arises from the individual's execution of their official duties) provided:
(1) 
If it is authorized by state statute, municipal ordinance or by resolution, and provided that the criminal proceedings have been dismissed or result in a final disposition in favor of the officials.
(2) 
The Mayor and Council determines that there is no good cause to dismiss the official, municipal employee or approved member of a quasi-athletic organization arising out of the incident or related incidents of the criminal proceedings.
B. 
The Borough of Glen Rock shall provide for the defense of any criminal action against any official, municipal employee and/or approved member of a quasi-athletic organization provided:
(1) 
It is authorized by state statute, municipal ordinance or by resolution and such defense is not herein otherwise limited.
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 they are 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.
A. 
If the Mayor and Council determine to provide a defense as authorized in this article, they may do so by:
B. 
The Borough Attorney, if the Borough Attorney and the individual, requiring defense determine that there is no ethical conflict created by said representation;
C. 
Hiring an attorney of their choice and paying the same directly; or
D. 
Reimbursing the individual for reasonable attorney's fees expended or obligated to be expended by such individual in the defense of the action.
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.