[HISTORY: Adopted by the City Council of
the City of Hackensack 10-3-2006 by Ord. No. 33-2006. Amendments noted
where applicable.]
GENERAL REFERENCES
Charges against City employees — See Ch. 9.
As used in this chapter, the following terms
shall have the meanings indicated:
A present or former municipal employee, appointee, official,
elected official or member of the various boards, agencies and commissions
of the City of Hackensack, Bergen County, New Jersey.
[Amended 3-1-2011 by Ord. No. 7-2011]
A.
This section
hereby expressly adopts and incorporates all term definitions set
forth in the New Jersey Tort Claims Act, N.J.S.A. 59:1-3, as the definitions
of any such terms included herein.
B.
The City
is hereby empowered to provide for the indemnification and/or defense
of any legal actions or proceedings claimed, threatened or instituted
against past or present employees of the City to the extent hereinafter
set forth, and may save harmless and protect such persons from any
financial loss resulting therefrom, as determined by the City.
C.
The City
is empowered to provide for the indemnification and/or defense of
any legal action or proceeding claimed, threatened or instituted whenever
such action or proceeding has been or shall be brought against any
employee for acts or omissions arising out of and directly related
to the lawful exercise of the employee’s official duties.
D.
In indemnifying
or defending any such employee, the municipality may incur all costs
of defending such action or proceeding, including reasonable attorneys’
fees and expenses, together with the amount owed on any settlement
or final judgment, including attorneys’ fees and costs awarded
to a prevailing party and costs of appeal, if required.
E.
The City
is empowered to provide for the indemnification of exemplary or punitive
damages resulting from the civil violation of state or federal law
if, in the opinion of the Mayor and Council, the acts committed did
not constitute actual fraud, actual malice, willful misconduct or
intentional wrong. Any such indemnification shall be by resolution
of the Mayor and Council.
F.
Notwithstanding
anything to the contrary set forth above, the City shall not be responsible
for any defense or indemnification under the following conditions:
(1)
If
any policy of liability insurance is available for defense and/or
indemnification;
(2)
Where
the employee is served with any claim, summons, complaint, process,
notice, demand or pleading and the employee fails to deliver, within
20 calendar days of the receipt thereof, the original or exact copy
thereof to the employee’s department head or the City Attorney;
(3)
Where
the employee fails to fully cooperate with the City in the preparation
or defense of the action or proceeding; and
(4)
Where
the employee refuses to accept representation by an attorney assigned
for the employee by the City.
G.
This section
shall take effect upon final passage and publication in accordance
with law and be effective and cover all present and future claims,
actions, proceedings, judgments and awards.
A.
The City of Hackensack shall defray the costs of defending
any criminal action against any official (if the underlying allegations
of said criminal action reasonably relate to or arise from the official's
execution of his official duties), provided that:
(1)
It is authorized by state statute, municipal ordinance
or by resolution, and provided that the criminal proceedings have
been dismissed or result in a final disposition in favor of the official.
(2)
The Mayor and Council determines that there is no
good cause to dismiss the official arising out of the incident or
related incidents of the criminal proceedings.
B.
The City of Hackensack shall provide for the defense
of any criminal action against any official, provided that it is authorized
by state statute, municipal ordinance or by resolution and such defense
is not herein otherwise limited.
The Mayor and Council shall not approve indemnification
of the defense of any action, if:
A.
The act or omission complained of was not within the
scope of employment or authority.
B.
The act or omission complained of was because of actual
fraud, willful misconduct or actual malice.
C.
The defense of the action or proceeding would create
a conflict of interest between the City and the official involved.
D.
The municipal official has failed to deliver to the
Mayor and Council, within 14 days of the time he or she is served
with any summons, complaint, process, notice, demand or pleading,
the original or copy of such document or thereafter fails to cooperate
with the City in the defense of the matter.
E.
The official fails to request the defense of any action.
F.
If the action was brought by the City.
If the Mayor and Council determine to provide
a defense as authorized in this section, they may do so by:
A.
The City Attorney, if the City Attorney and the official
or municipal officer requiring defense determine that there is no
ethical conflict created by said representation;
B.
Hiring an attorney of its choice and paying the same
directly; or
C.
Reimbursing the municipal official for reasonable
attorney's fees expended or obligated to be expended by such official
in the defense of the action.
In addition to the provisions hereof, all officials
of the City shall be entitled to defense and indemnification as provided
in N.J.S.A. 59:10-1 et seq., and N.J.S.A. 59:10A-1 et seq.
All costs of defense and legal fees to be provided
herein by the City shall be calculated as reasonable prevailing fees
as charged in the County of Bergen at the time they are incurred,
and the City shall only be responsible to that extent. In the event
of a dispute as to the reasonableness of any fee to be paid by the
City in defense of an official or municipal officer, as provided herein,
either party may seek review before the Superior Court of New Jersey,
Bergen County for adjudication.
[Added 12-18-2017 by Ord.
No. 39-2017]
The Authorized Form of Notice of Tort Claim, attached to Ordinance
No. 39-2017,[1] is hereby adopted by reference as the official form in
which all notices of any claim against the City of Hackensack pursuant
to the New Jersey Tort Claims Act ("Act"), N.J.S.A. 59:8-6 et seq.,
must be filed. All persons making claims against the City pursuant
to the Act starting on January 1, 2018, are required to complete this
official form as a condition of compliance with the notice requirement
of the Act.
[1]
Editor's Note: Said form is available at the City offices.
