[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 8-20-1995 by Ord. No. 95-09. Amendments noted where
applicable.]
" Official," "officer" or "employee" shall mean
any person presently or formerly elected or appointed to public office,
board or commission of the Borough of Longport, or employed or retained
by the Borough for any office, commission or board thereof, whether
such person serves in a paid or unpaid capacity; provided, however,
that these terms do not include independent contractors employed by
the Borough.
Whenever an official, officer or employee of
the Borough of Longport is a defendant in any civil action or legal
proceedings, including the employee's civil violation of state or
federal law, arising out of or incidental to the performance or nonperformance
of his or her duties, the Borough of Longport shall provide the official,
officer or employee with the necessary defense, or, at the Borough's
option, a means for defense of such action or proceeding, up, through
and including any appeal, and shall hold such officer or employee
harmless and indemnify him or her from the payment of any settlement,
judgment and exemplary or punitive damages resulting from the proceeding,
even if it is later decided by a judge or jury to have been unlawful
or improper as to the plaintiff, except in the following situations:
Whenever an official, officer or employee of
the Borough of Longport is a defendant in any criminal action or legal
proceeding arising out of or incidental to the performance of his
or her duties and in the event said action or legal proceeding is
dismissed or finally determined in favor of the official, officer
or employee, he or she shall be reimbursed for the expense of defense.
A.
The providing of a defense and indemnification referred to in §§ 13-2 and 13-3 above shall be refused by the municipality if it is the determination of the Borough Commissioners that:
(1)
The acts or omission was not within the scope of the
person's employment or official duties;
(2)
The act or failure to act was because of actual fraud,
willful misconduct or actual malice or intentional wrongdoing;
(3)
The defense of the action or proceedings by the Borough
would create a conflict between the Borough and the officer or employee;
(4)
There exist policies of insurance either obtained
by the Borough or by another by which the official, officer or employee
is entitled to a defense of the action in question from the insurer;
(5)
It is not deemed appropriate, pursuant to the authority
contained in N.J.S.A. 59:10-1 et seq;
(6)
The public official, officer or employee has failed
to fully cooperate with the defense provided by the municipality;
or
(7)
The public official, officer or employee has failed
to notify the Borough of Longport as soon as possible as to any action
threatened against them.
B.
This chapter shall not apply retroactively to any
matters now the subject of a lawsuit.
The Borough of Longport reserves the option
to defend an employee of the Borough of Longport or provide the employee
with the means for a defense or indemnify the employee for his or
her defense.
Whenever the Borough provides the defense of
a municipal official, officer or employee pursuant to this chapter,
the Borough may assume exclusive control of the representation of
such official, officer or employee, and such official, officer or
employee shall cooperate fully with the Borough's defense.
In the event that it is ultimately determined
that the public official, officer or employee of the Borough of Longport
cannot be indemnified under the terms and conditions of this chapter,
then the official, officer or employee agrees to reimburse the Borough
of Longport for monetary amounts, fees and costs, including attorneys'
fees which have been advanced or provided by the Borough of Longport
to him or her or on his or her behalf.
