[Amended 3-25-08 by Ord. No. 5-08]
MUNICIPAL OFFICIAL
A present or former municipal employee, appointee, official,
elected official or member of the various boards, agencies, commissions
of the Borough of Waldwick and members of WALVAC.
The Mayor and Council shall not provide indemnification or the
defense of any claim or action if:
A. The act or omission complained of was not within the scope of the
municipal official's employment or authority.
B. The act or omission complained of was because of actual fraud, willful
misconduct or actual malice.
C. The defense of the action or proceeding would create a conflict of
interest between the Borough and the official involved.
D. There exist policies of insurance, either obtained by the Borough
or by another by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer.
E. The municipal official has failed to deliver to the Mayor and Council,
within fifteen (15) days of the time he or she is served with any
summons, complaints, process, notice, demand or pleading, the original
or copy of such document or thereafter fails to cooperate with the
Borough in the defense or the matter.
F. The official fails to request the defense of any action.
G. The action was brought by the Borough.
If the Mayor and Council determines to provide a defense as
authorized in this chapter, it may do so by:
A. Using the services of the Borough Attorney;
B. Hiring an attorney of its choice and paying the same directly, or
C. Reimbursing the municipal official for reasonable attorney's
fees expended or obligated to be expended by such official in the
defense of the act.
In addition to the provisions hereof, all officials of the Borough
shall be entitled to indemnification as provided in all applicable
State legislation.
This ordinance shall take effect upon passage and publication
as required by law.