[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 11-3-1994 by Ord. No. 1174 (Ch. 50, Art. XI, of the 1970 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 50.
Personnel policies — See Ch. 57.
The purpose of the within article is to officially set forth the position of the governing body concerning its policies of indemnifying and defending its officials and employees.
Pursuant to the provisions of N.J.S.A. 59:10-4, the Borough of Seaside Park hereby authorizes the indemnification of each Borough official, employee or appointee who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, administrative or investigative, by reason of the fact that he or she is or was an officer, appointee or employee of the Borough of Seaside Park, against any claims, losses, expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding to the full extent permitted under the laws of the State of New Jersey.
In the event of criminal charges against an officer, appointee or employee, said individual shall only be reimbursed for said above-referenced expenses upon a determination of innocence or the dropping of said charges.
Expenses incurred in defending a civil action, suit or proceeding shall be paid by the Borough in advance of the final disposition of such action, suit or proceeding to the extent authorized by the Borough in accordance with the laws of the State of New Jersey.
Nothing herein shall authorize the Borough to pay for punitive or exemplary damages or damages resulting from the commission of a crime. In such case, the officer, appointee or employee of the Borough shall be required to establish that the act or omission upon which the claim or judgment is based occurred within the scope of his or her official action or employment as an official or employee of the Borough of Seaside Park and that it was not the result of an act or a failure to act because of actual fraud, actual malice or willful misconduct.
Nothing herein shall effect or limit the rights of certain Police Department employees under N.J.S.A. 40A:14-155.