Whenever an officer, employee or official of the Borough of Lavallette is made a defendant in any action or legal proceeding arising out of or incidental to the performance of his/her duties, including actions or legal proceedings to which N.J.S.A. 40A:14-155 and N.J.S.A. 40A:14-28 apply, the Borough Council of the Borough of Lavallette shall provide the officer, employee or official with the necessary defense or, at its option, the means for the defense of such action or proceeding subject to the guidelines set forth in §
22-3 below, and shall hold said officer, employee or official 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 Borough itself
against said officer, employee or official (unless otherwise required
by law); or
B. Where the officer, employee or official has been specifically
found, by the trier of act in the proceedings, civil or criminal,
to have acted with actual fraud, actual malice or willful misconduct.
[Amended 9-27-2010 by Ord. No. 2010-16 (1088)]
A. Any defense
and/or indemnification provided pursuant to this chapter shall be
subject to the limitations and provisions of the New Jersey Tort Claims
Act, N.J.S.A. 59:1-1 et seq.
B. The Borough
Clerk shall make available a notice of tort claim form to any member
of the public seeking to file a notice of tort claim against the Borough
of Lavallette, its elected or appointed officials or employees pursuant
to N.J.S.A. 59:8-4 and/or N.J.S.A. 59:8-6. The notice of tort claim
shall be considered to the amended automatically and without further
action in the event that N.J.S.A. 59:8-4 and/or N.J.S.A. 59:8-6 are
amended by the New Jersey State Legislature, or a court of competent
jurisdiction renders a decision adding to, subtracting from, amending
or explaining the content thereof at any time.
This chapter shall take effect immediately upon
adoption and shall apply to all legal proceedings instituted after
adoption, regardless of when the subject matter of the legal proceeding
arose.