Whenever an officer or employee of the Borough of Edgewater
is a defendant in any action or legal proceeding arising out of or
incidental to the performance of his duties, the Mayor and Council
shall provide the officer or employee with the necessary defense or,
at its option, means for the defense of such action or proceeding
and shall hold the said officer or employee harmless from any payment,
settlement or judgment resulting from the proceedings, except in the
following situations:
A. Where the action has been brought by the municipality itself against
the said 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 wilful 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:
OFFICER AND EMPLOYEE
Any person appointed to any position by the Mayor and Council
or by any other boards or agencies of the Borough, and shall also
include the Mayor and members of the Council.
Nothing in this article shall be deemed to afford any protection
to persons appointed as Municipal Constables.