[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 11-10-2005 by Ord. No. 1947.
Amendments noted where applicable.]
[Amended 1-20-2011 by Ord. No. 2065]
A.
Except as hereinafter provided, the Borough of North Arlington 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 his or her public duties.
B.
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense provided
for in this section shall include exemplary or punitive damages resulting
from any civil violation of state or federal law committed by any
present or former official, employee or appointee if, in the opinion
of the Mayor and Council, the acts committed upon which the damages
are based did not constitute actual fraud, actual malice, willful
misconduct or an intentional wrong.
[Amended 1-20-2011 by Ord. No. 2065]
The Borough may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Mayor and Council determine
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, actual
malice, willful misconduct or an intentional wrong of the person requesting
defense and indemnification; or
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.
The terms of this chapter and the definition
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:
A.
Any person who is not a natural person;
B.
Any person while providing goods and services of any
kind under any contract with the Borough except an employment contract;
C.
Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the
Borough; and
D.
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.
The Borough shall provide for defense and/or
indemnify 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:
A.
Acted or failed to act in a matter in which the Borough
has or had an interest;
B.
Acted or failed to act in the discharge of a duty
imposed or authorized by law; and
C.
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.
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 Mayor and
Council concludes that such representation is in the best interest
of the Borough and that the person to be defended acted or failed
to act in accord with the standards set forth in 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 persons defended, and such person shall cooperate fully with
the Borough.
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.
