[HISTORY: Adopted by the City Council of the City of Port Republic 5-11-2010 by Ord. No. 07-2010. Amendments noted where applicable.]
Officers and employees — See Ch. 44.
Except as hereinafter provided, the City of Port Republic shall, upon the request of any present or former official, employee or appointee of the City of Port Republic, provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.
Pursuant to N.J.S.A. 59:10-4, the City of Port Republic shall not indemnify any person against the payment of exemplary or punitive damages, penalties or fines, but may provide for the legal defense of such claims in accord with the standards set forth herein. The City of Port Republic may refuse to provide for the defense and indemnification of any civil action referred to herein if the Council for the City of Port Republic determines that:
The act or omission did not occur within the scope of a duty authorized or imposed by law;
The act or failure to act was the result of actual fraud, willful misconduct, intentional wrong or actual malice of the person requesting defense and indemnification; or
The defense of the action or proceeding by the City of Port Republic would create a conflict of interest between the City of Port Republic and the person or persons involved.
The terms of this chapter and the definitions of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this chapter, except that these terms shall not mean:
Any person who is not a natural person;
Any person while providing goods or services of any kind under any contract with the City of Port Republic, except an employment contract;
Any person while providing legal or engineering services for compensation unless said person is a full-time employee of the City of Port Republic; and
Any person who, as a condition of his or her appointment or contract, is required to indemnify and defend the City of Port Republic and/or secure insurance.
The City of Port Republic shall provide for defense of and indemnify any present or former official, employee or appointee of the City of Port Republic who becomes a defendant in a civil action if the person or persons involved:
For purposes of this chapter, the duty and authority of the City of Port Republic to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
In any other action or proceeding, including criminal proceedings, the City of Port Republic may provide for the defense of a present or former official, employee or appointee if the Council for the City of Port Republic concludes that such representation is in the best interest of the City of Port Republic and that the person to be defended acted or failed to act in accord with the standards set forth in this chapter.
Whenever the City of Port Republic provides for the defense of any action set forth herein, and as a condition of such defense, the City of Port Republic may assume exclusive control over the representation of such persons defended, and such person shall cooperate fully with the City of Port Republic.
The City of Port Republic may provide for the defense pursuant to this chapter by authorizing its Attorney to act on behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the City of Port Republic under any appropriate insurance policy that requires the insurer to provide defense.