[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 12-29-1987 by Ord. No. 1112. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 68.
As used in this chapter, the following terms shall have the meanings indicated:
OFFICIAL or MUNICIPAL OFFICIAL
A present or former Borough of Middlesex employee, appointee, official, elected official or member of the various boards, agencies, committees and commissions of the Borough.
Pursuant to the provisions of N.J.S.A. 59:10-1 et seq., the Borough of Middlesex is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth in this chapter.
The Borough Council shall not approve the defense of any action if it determines that:
A. 
The act or omission complained of was not within the scope of employment or authority.
B. 
The act or omission complained of was because of actual fraud, willful misconduct or actual malice.
C. 
There exists policies of insurance, either obtained by the Borough or by another, by virtue of which the municipal official is entitled to a defense of the action in question from the insurer.
D. 
The defense of the action or proceeding would create a conflict of interest between the Borough and the official involved.
E. 
The municipal official has failed to deliver to the Borough Clerk within 10 days of the time he or she is served with any summons, complaint, process, notice or demand or thereafter fails to cooperate with the Borough in the defense of the matter.
If the Borough Council determines to provide a defense as authorized in this chapter, it may do so by either hiring an attorney of its choice and paying the same directly or reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the act.
Specifically excluded from the provisions of this chapter are the following classes of municipal officials:
A. 
Any municipal official providing any form of professional medical services, such as doctors and nurses, insofar as any action arises out of or as a result of (concerns) those professional medical services.
B. 
Any professional municipal official providing contractual services for the Borough, such as the Borough Corporate Counsel, Assistant Corporate Counsel, Engineer, Auditor or any other official providing professional or unspecifiable services under separate appointment retainer, agreement or contract, insofar as any action arises out of or as a result of (concerns) those professional services.