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.
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.
Nothing in this chapter shall authorize the
borough to pay for punitive or exemplary damages or damages resulting
from the commission of a crime.