City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 8-1997 (Sec. 2.84.090 of the 1996 Municipal Code)]
Whenever an officer or employee of the City is a defendant in any proceeding arising out of or incidental to the performance of the officer's or employee's duties or resulting from the officer's or employee's status as an officer or employee of the City, and insurance coverage is unavailable, the Common Council shall authorize the Solicitor to represent the officer or employee, in the absence of a potential conflict of interest. If the Solicitor shall determine that a potential conflict of interest may exist, the Common Council may either offer the services of another attorney to represent the officer or employee or retain an attorney selected by the officer or employee. All reasonable defense costs, including counsel fees, shall be paid by the City. The fee charged by the Solicitor shall be based upon the hourly rate of remuneration set forth in the Solicitor's professional services contract with the City. The fee charged by an attorney other than the Solicitor shall be based upon an hourly rate of remuneration no greater than the Solicitor's hourly rate and shall be set forth in a duly executed professional services contract. Furthermore, the City shall indemnify any officer or employee from any payment, settlement or judgment wherein the officer or employee of the City is a defendant and the actions complained of arose out of or were incidental to the performance of the duties of the officer or employee or resulted from the officer's or employee's status as an officer or employee of the City.
A. 
The Common Council may refuse to pay reasonable defense costs and to indemnify an officer or employee in any proceeding wherein the Common Council determines that the actions complained of:
(1) 
Do not arise out of or were not incidental to the performance of the duties of the officer or employee;
(2) 
Do not result from the officer's or employee's status as an officer or employee of the City; or
(3) 
Were the result of actual fraud, actual malice or wilful misconduct.
B. 
Furthermore, the City shall not be responsible for payment of any defense costs and shall not indemnify any officer or employee against any damages which are punitive or exemplary or which result from the commission of a crime.
The City shall not be required to defend or indemnify any officer or employee unless, within 10 calendar days of the time of service of any summons, complaint, process, notice, demand or pleading, the officer or employee delivers the original or copy thereof to the Municipal Clerk.