[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park 2-10-2004 by Ord. No. 04-1 (Ch.
23 of the 1985 Code). Amendments noted where applicable.]
Except as hereinafter provided, the Village
of Ridgefield Park, hereinafter known as the "Village," shall, upon
the request of any present or former official, employee or appointee
of the Village, 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.
The terms of this chapter and the definition
of "official," "employee" and "appointee" are to be construed liberally
in order to effectuate the purposes of this chapter, 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 Village 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
Village; and
D.
Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Village and/or
secure insurance.
The Village shall provide for defense of and
indemnify any present or former official, employee or appointee of
the Village who becomes a defendant in a civil action if the person
or persons involved acted or failed to act in a matter in which the
Village has or had an interest; acted or failed to act in the discharge
of a duty imposed or authorized by law; and acted or failed to take
action in good faith. For purposes of this chapter, the duty and authority
of the Village to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
The Village shall not indemnify any person against
the payment of punitive damages, penalties or fines, but may provide
for the legal defense of such claims in accord with the standards
set forth herein. The Village may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Board of Commissioners determine that:
A.
The act or omission did not occur within the scope
of a duty authorized or imposed by law;
B.
The act or failure to act was the result of actual
fraud, willful misconduct or actual malice of the person requesting
defense and indemnification; or
C.
The defense of the action or proceeding by the Village
would create a conflict of interest between the Village and the person
or persons involved.
In any other action or proceeding, including
criminal proceedings, the Village may provide for the defense of a
present or former official, employee or appointee if the governing
body, by appropriate resolution setting forth its reasons, concludes
that such representation is in the best interest of the Village.
Whenever the Village provides for the defense
of any action set forth herein, and as a condition of such defense,
the Village may assume exclusive control over the representation of
such persons defended, and such person shall cooperate fully with
the Village.
The Village may provide for the defense pursuant
to this chapter by authorizing its Attorney to act in behalf of the
person being defended or by employing other counsel for this purpose
or by asserting the right of the Village under any appropriate insurance
policy that requires the insurer to provide defense.
