[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-15-1990 by Ord. No. 1185 (Ch.
33 of the 1982 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Except as hereinafter provided, the Borough
of South Plainfield, hereinafter known as the "Borough of South Plainfield,"
shall, upon the request of any present or former official, employee
or appointee of the Borough of South Plainfield, 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.
Pursuant to N.J.S.A. 59:10-4, the indemnification
and defense provided for in this article shall include exemplary or
punitive damages resulting from the employee's civil violation of
state or federal law if, in the opinion of the Mayor and Council of
the Borough of South Plainfield, the acts committed upon which the
damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
The terms of this article and the definitions
of "official," "employee" and "appointee" are to be construed liberally
in order to effectuate the purposes of this article, except that these
terms shall not mean:
A.
Any person
who is not a natural person;
B.
Any person
while providing goods or services of any kind under any contract with
the Borough of South Plainfield 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 of South Plainfield;
and
D.
Any person
who as a condition of his or her appointment or contract is required
to indemnify and defend the Borough of South Plainfield and/or secure
insurance.
A.
The Borough
of South Plainfield shall provide for defense of and indemnify any
present or former official, employee or appointee of the Borough of
South Plainfield who becomes a defendant in a civil action if the
person or persons involved:
B.
For purposes
of this article, the duty and authority of the Borough of South Plainfield
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 of South Plainfield may provide
for the defense of a present or former official, employee or appointee
if the Mayor and Council of the Borough of South Plainfield concludes
that such representation is in the best interest of the Borough of
South Plainfield and that the person to be defended acted or failed
to act in accord with the standards set forth in this article.
Whenever the Borough of South Plainfield provides
for the defense of any action set forth herein and as a condition
of such defense, the Borough of South Plainfield may assume exclusive
control over the representation of such persons defended, and such
person shall cooperate fully with the Borough of South Plainfield.
The Borough of South Plainfield may provide
for the defense pursuant to this article 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
of South Plainfield under any appropriate insurance policy that requires
the insurer to provide defense.
[Adopted 10-13-1981 by Ord. No. 902 (Ch.
45, Art. II, of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A person having a permanent domicile within the Borough of
South Plainfield.
Except as otherwise provided by the law, all
officers and employees hired by the municipality or promoted from
position to position subsequent to the effective date of this article
shall be bona fide residents of the Borough of South Plainfield and
shall remain so during the period of and condition to employment.
Any and all nonresidents hired by the municipality
or appointed to positions of employment therein shall become bona
fide residents of the municipality within one year of their appointment
or hiring. Failure of any such officer or employee to maintain such
residency requirements shall be grounds for removal or discharge from
service. In the event any such employee or officer does not maintain
a bona fide residence, the governing body shall notify such officer
or employee that failure to take up a bona fide residence within the
municipality within six months of the date of such notification will
result in removal or discharge from service. Such removal or discharge
shall take effect on the date specified in such notice.
Whenever it has been determined by the governing
body that there cannot be recruited a sufficient number of bona fide
residents for available specific positions or employments, the municipality
shall advertise for additional qualified applicants. In the event
of the need for such advertisements, the applicants responding thereto
shall be classified preferentially in the following order:
Appointments or hirings shall be first made
in accordance with the priority list above set forth.
Any persons receiving appointment or employment
by virtue of the advertisement previously referred to shall, as a
condition to employment or appointment, satisfy the residency requirements
previously set forth in this article.
Preferences in promotion to officers and employees
shall be granted to those who have been and are bona fide residents
of the municipality. In all respects, a resident shall be given preference
over a nonresident in any instance when all other measurable criteria
are equal.
