Whenever an officer or employee of the municipality is a defendant
in any action or legal proceeding arising out of or incidental to
the performance of his duties, the Town shall provide the officer
or employee with the necessary defense or, at its option, means for
the defense of such action or proceedings and shall hold the officer
or employee harmless from any payment, settlement or judgment resulting
from the proceeding, except in the following situations:
A.
Where the action has been brought by the municipality itself against
the officer or employee.
B.
Where the officer or employee has been specifically found by the
trier of fact in proceedings, civil or criminal, to have acted with
actual fraud, actual malice or willful misconduct.
C.
Where the officer or employee is found to have acted in violation
of the Municipal Code of Ethics.
As used in this article, the following terms shall have the
meanings indicated:
Any person elected or appointed to any public office or agency
or body of the Town or employed or retained by the Town, or any office,
agency or body thereof, whether such person serves in a paid or unpaid
capacity.
Nothing in this article shall be deemed to afford any protection
to persons appointed as municipal constables as a prerequisite for
appointment as a constable for the Sussex County District Court.
