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.