[HISTORY: Adopted by the Borough Council of the Borough of Hampton 7-27-1981. Amendments noted where applicable.]
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meanings set forth:
- Coverage afforded by insurance policies of every kind, whether the premiums are paid by the Borough, the municipal official or someone on his behalf.
- MUNICIPAL OFFICIAL
- Any officer, employee, board member or committee member appointed or hired by the Mayor or Borough Council of the Borough of Hampton to hold an office or position in or for the Borough of Hampton, whether full- or part-time. The term shall also include any person elected by the voters of the Borough of Hampton to fill any official position in the Borough or any person subsequently appointed to fill such position.
[Amended 11-9-1992 by Ord. No. 14-92]
Subject to the provisions of this chapter, the Borough of Hampton shall reimburse a municipal official for all expenses incurred (specially including reasonable attorneys' fees and court costs) and all monetary judgments imposed upon him in any action or legal proceeding of a noncriminal nature arising out of or incidental to the performance of the duties of the position or office held by such municipal official.
The Borough shall not be obligated to provide reimbursement in the following instances:
Where the legal proceeding is instigated or brought by the municipal official.
Where the legal proceeding involves a claim of misfeasance or malfeasance in office or a claim of fraud, theft or misappropriation of public funds and the municipal official is found liable for the charge.
Where the legal proceeding is instigated or brought by the Borough of Hampton against the municipal official.
Where the legal proceeding involves a question concerning the election laws.
The amount the Borough is obliged to reimburse the municipal official shall be reduced by any insurance coverage payable to the municipal official and by the net amount (recovery less attorneys' fees, disbursements and court costs) of any money received by the municipal official in any counteraction against the person or persons bringing the action against him.
The municipal official shall be obliged to cooperate with the Borough in the conduct of his defense. Whenever competent and disinterested legal counsel is available to the Borough through any insurance coverage, the municipal official shall be obliged to be represented by such counsel. If the Borough wishes to use the Municipal Attorney or the attorney for any board or committee of the Borough to defend the action, the municipal official shall be obligated to be represented by that attorney unless there is a conflict of interest. The refusal of the municipal official to cooperate with the Borough shall terminate the Borough's obligation to reimburse the municipal official.
If the legal proceeding is terminated by an agreement amongst the parties, then the Borough shall not be obligated to reimburse the municipal official unless the Borough approves the settlement agreement.
If the municipal official files a counteraction in the legal proceedings, the Borough shall not be obligated to reimburse him for any attorneys' fees or court costs attributable to such counteraction.
The Borough may reimburse a municipal official for a portion of expenses incurred prior to a final decision in a legal proceeding, but the Borough shall be entitled to wait for a final determination before being obliged to make any payments.