[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 4-27-1982 by Ord. No. 82-6. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Applies to all elected officials, appointees, board members
and employees of the Borough of Westwood.
Whenever any civil proceeding has been brought against any employee
of the Borough of Westwood for any action or omission within the scope
of the performance of the duties of such office, position or employment,
the Borough, upon request, shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with
costs of appeal, if any, provided that the act or omission does not
arise out of actual fraud, willful misconduct or actual malice.
The Borough Attorney or other attorney selected by the Borough
Council shall represent any person covered by the provisions of this
chapter.
The Borough shall indemnify and save harmless each employee
from financial loss resulting from any action described above in this
chapter, including claims, losses, expenses, judgments, attorney fees,
court costs and expert or technical witness fees, and any amount paid
in settlement thereof and actually and reasonably incurred in connection
therewith, to the extent permitted by law. Expenses thus incurred
may be paid in advance of final disposition of the action. Nothing
herein shall authorize the Borough to pay for punitive or exemplary
damage or damages resulting from the commission of a crime.
The Borough shall not defray the costs of defending any criminal
action against any employee except as may be authorized by state statute
or other municipal ordinance or resolution of the Borough, and, in
those circumstances, the responsibility for defraying the costs of
defending such employee shall be applicable only when such criminal
proceedings shall have been dismissed or shall result in a final disposition
in favor of the employee. However, should the Borough determine that
there is good cause to dismiss the employee arising out of the incident
or related incidents of the criminal prosecution, the Borough will
not reimburse the employee or official for legal defense and costs
of defending the suit, even though criminal proceedings against the
employee may be dismissed or the employee found not guilty.
An employee requesting defense of any action or claiming indemnification
under this chapter shall cooperate fully and in good faith with the
Borough and with any attorneys, adjusters, investigators or expert
or technical personnel engaged for this purpose in the preparation
and presentation of a defense to such action or the settlement or
other disposition thereof. If such employee shall neglect, fail or
refuse to cooperate as aforesaid, the Mayor and Council, after hearing,
on 10 days' written notice to the employee and for cause, may
declare all rights created under this chapter for the benefit of such
employee to be forfeited and terminated.
