As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Rocky Hill, in the County of Somerset.
BOROUGH EMPLOYEE
Includes any past, present and future member of the governing
body of the Borough; any past, present and future member of any other
Borough board, body, commission or Council, whether created by state
law or by municipal ordinance or resolution; and any other past, present
and future Borough officer, official or employee, whether elected
or appointed, compensated or uncompensated, full-time or part-time,
who by reason of position or employment is authorized to perform any
acts or services of any nature whatsoever for or on behalf of the
Borough; provided, however, that independent contractors shall not
be considered Borough employees for purposes of this section.
Except as provided in §
9-4,
9-5,
9-10 or
9-11, the Borough shall provide for the defense of any civil action or proceeding commenced against any Borough employee on account of any act or omission by a Borough employee involving Borough affairs, operations or services. The duty to defend shall extend to a cross-action, counterclaim or cross-complaint.
Every Borough employee who is served with any summons, complaint,
process, notice, demand or pleading in a civil action or proceeding
involving Borough affairs, operations or services and who desires
that the Borough provide for a defense shall deliver the original
or a complete copy thereof to the Borough Clerk within seven calendar
days of the time that service is made upon such Borough employee.
Each document shall bear a notation as to the date upon which service
was made upon the Borough employee. The Borough employee shall promptly
furnish such additional information regarding the matter as may be
requested by the Borough. Failure to comply with the foregoing requirements
shall constitute grounds for a refusal by the Borough to provide the
Borough employee with a defense to any civil action or proceeding
in accordance with the provisions of this section.
This indemnification shall be deemed primary unless the Borough
employee has in effect, with respect to any claim made, a personal
professional liability policy. If such a policy is in effect, this
indemnification shall be deemed secondary to the extent that coverage
is afforded under the terms of that policy. In other words, the amount
the Borough is obliged to indemnify the Borough employee shall be
reduced by any insurance coverage payable to the Borough employee.
No provision of this chapter shall be interpreted or construed
as affecting or limiting any obligation of any insurer under the terms
of any insurance policy carried by the Borough.
This chapter shall not apply to any Borough employee so as to
modify the rights or benefits under any statutory or decisional law
applicable to such Borough employee.
No provision of this chapter shall apply to any action or proceeding
of any nature instituted by the Borough against any Borough employee.