[Ord. No. 97-06 § 2]
Pursuant to the provisions of N.J.S.A. 59:10-4, the Borough of Island Heights 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 Island Heights, against any claims, losses, expenses (including attorney's 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, the individual shall only be reimbursed for the above-referenced expenses upon a determination of innocence or the dropping of the 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 Island Heights 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.