[HISTORY: Adopted by the Borough Council of the Borough of Haledon 12-18-2002
by Ord. No. 11-13-02A. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 18.
Officers and employees — See Ch. 43.
A.
Except as hereinafter provided, the Borough of Haledon
shall, upon the request of any present or former official, employee, or appointee
of the Borough, provide for the 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.
B.
For the purposes of this chapter, the Borough's duty
and authority to defend and indemnify shall extend to a cross-claim against
said person.
C.
The terms of this chapter and the definitions of "official,"
"employee" and "appointee" are to be construed liberally in order to effectuate
the purposes of this chapter.
D.
The Borough may indemnify a person for exemplary or punitive
damages resulting from that person's civil violation of state or federal law
if, in the opinion of the Borough Council, the acts committed by the person
to be indemnified upon which the damages are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
A.
The Borough shall provide for the defense of and indemnify
the defendant or defendants in a civil action if the person or persons involved:
B.
The Borough may refuse to provide for the defense and
indemnification of any civil action referred to herein if the Borough Council
determines that:
(1)
The act or omission did not occur within the scope of
a duty authorized or imposed by law;
(2)
The act or failure to act was the result of actual fraud,
willful misconduct or actual malice of the person requesting defense and indemnification;
or
(3)
The defense of the action or proceeding by the Borough
would create a conflict of interest between the Borough and the persons involved.
In any other 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 Council concludes that such representation is in the best interest of the Borough and that the person to be defended acted in accord with the standards set forth in § 13-2 of 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 person defended, and such person shall
cooperate fully with the Borough.
The Borough may provide for the defense pursuant to this chapter by
authorizing the Borough Attorney to act in behalf of the person being defended
or by employing other counsel for this purpose or by asserting the Borough's
right under any appropriate insurance policy which requires the insurer to
provide the defense.