[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
Subject to the limitations set forth in the subsequent sections of this chapter, whenever any civil action has been or shall be brought against any person (hereinafter referred to as "employee") holding or formerly holding any office, position or employment within the Borough of Seaside Heights, including but not limited to members of the Land Use Board and/or Board of Adjustment and/or any other municipal board, body, committee, agency or commission within the Borough of Seaside Heights for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the borough shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such persons from any financial loss resulting from the litigation. The Borough Attorney or another attorney selected by the Mayor with the advice and consent of the Borough Council shall represent the borough official or employee.
The borough shall not defray the costs of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the Borough of Seaside Heights, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. However, should the borough determine that there is good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the borough will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.
The obligation of the Borough of Seaside Heights to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the borough itself would be liable for the acts of its employees under the doctrine of respondeat superior, except that the borough shall defend any such officer or employee sued under the Federal Civil Rights Act, provided that the Mayor and/or Committee shall not have concluded that such act or omission was outside the scope of the responsibilities of said officer or employee.
Furthermore, the borough shall not defend and save harmless any employee committing an intentional or willful act or willful omission arising out of or in the course of the performance of the duties of such office, position or employment.
Also specifically excluded from the provisions of this chapter are any municipal employee or official providing any form of professional medical services, such as doctors and nurses, insofar as said civil action arises out of or concerns those professional medical services.
The borough shall not be responsible for the defense or indemnification of any official or employee of the borough, when the governing body has determined that:
The act or omission was not within the scope of employment.
The act or failure to act was because of actual fraud, willful misconduct or actual malice.
The defense of the action or proceeding would create a conflict of interest between the borough and the public employee.
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the borough or by any other person.
The public employee failed to deliver to the Borough Administrator, within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same.
The public employee has failed to cooperate fully with the defense.
Whenever the borough provides any defense required of it under this chapter, the borough, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
In any case where the borough is required to provide a defense under this chapter, the borough shall pay or shall reimburse the public employee for:
In addition, in any case where the borough would be required to provide a defense under this chapter except for the fact that such defense is provided for by insurance, the borough shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
Nothing in this chapter shall authorize the borough to pay for punitive or exemplary damages or damages resulting from the commission of a crime.