[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 2-11-2008 by Ord. No. 08-811-C. Amendments noted where applicable.]
A. Except as hereinafter provided, the Borough of Saddle
River, hereinafter known as the "Borough," shall, upon the request
of any present or former official, employee or appointee of the Borough,
provide for 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. 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 except that these terms
shall not mean:
(1) Any person who is not a natural person;
(2) Any person while providing goods or services of any
kind under any contract with the Borough except an employment contract;
(3) Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the
Borough; and
(4) Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Borough and/or
secure insurance.
C. The Borough shall provide for defense and indemnity
of any present or former official, employee or appointee of the Borough
who becomes a defendant in a civil action if the person or persons
involved acted or failed to act in a matter in which the Borough has
or had an interest; acted or failed to act in the discharge of a duty
imposed or authorized by law; and acted or failed to take action in
good faith. For purposes of this chapter, the duty and authority of
the Borough to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
D. The Borough shall indemnify a person for exemplary
or punitive damages resulting from that person's civil violation of
state or federal law if 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.
E. The Borough may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
governing body 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 person
or persons involved.
F. In any other action or proceeding, including criminal
proceedings, the Borough shall provide for the defense and indemnification
(including exemplary and punitive damages), of a present or former
official, employee or appointee, provided:
(1) None of the exceptions in §
17-1E apply;
(2) The alleged crime was not for monetary gain; or
(3) The alleged misconduct or crime occurred in furtherance
of the officer or employee's duties.
G. 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 persons
defended and such person shall cooperate fully with the Borough.
H. The Borough may provide for the defense pursuant to
this chapter by authorizing its attorney to act on behalf of the person
being defended or by employing other counsel for this purpose or by
asserting the right of the Borough under any appropriate insurance
policy that requires the insurer to provide defense.
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:
(1) Acted or failed to act in a matter in which the Borough
has or had an interest.
(2) Acted or failed to act in the discharge of a duty
imposed or authorized by law.
(3) Acted or failed to take action in good faith.
B. In any other action or proceeding, including criminal
proceedings, the Borough shall provide for the defense and indemnification
(including exemplary and punitive damages) of a present or former
official, employee or appointee, provided:
(1) None of the exceptions in §
17-1E apply;
(2) The alleged crime was not for monetary gain; or
(3) The alleged misconduct or crime occurred in furtherance
of the officer or employee's duties.
The Borough may refuse to provide for the defense
and indemnification of any civil or criminal action referred to herein
if the governing body determines that:
A. The act or omission did not occur within the scope
of a duty authorized or imposed by law.
B. The act or failure to act was the result of actual
fraud, willful misconduct or actual malice of the person requesting
defense and indemnification.
C. The defense of the action or proceeding by the Borough
would create a conflict of interest between the Borough and the person
or persons involved.
D. The alleged crime was for monetary gain.
E. The alleged misconduct or crime did not occur in furtherance
of the officer or employee's duties.
A. 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.
B. The Borough may provide for defense pursuant to this
chapter by authorizing the Borough Attorney to act on 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.