[Ord. #786, § 1]
This section shall be known and may be cited as the "Purchasing
Regulations of the Borough".
[Ord. #786, § 2]
As used in this section:
Shall mean the Purchasing Agent of the Borough.
Shall mean the Council Chairman of the Using Agency Committee.
Shall mean and include all telephone, gas, water, electric
light, and power service, repair or maintenance of equipment, machinery,
and other Borough owned personal property. The term shall not include
professional and other contractual services which are by their nature
unique and not subject to competition.
Shall mean and include all supplies, materials and equipment.
Shall mean any department, agency, commission, bureau or
other unit in the Borough using supplies or procuring contractual
services as provided for in this section.
[Ord. #786, § 3]
The office of the Borough Purchasing Agent is hereby created.
[Ord. #786, § 4]
The Borough Purchasing Agent shall be in charge of and have
general supervision of the Purchasing System. The Purchasing Agent
shall perform all duties required by law and shall have the powers
and duties prescribed by this section:
a.
The Purchasing Agent shall have the power and it shall be in his
duty to purchase or contract for all supplies or contractual services
needed by any using agency of the Borough in accordance with purchasing
procedures as prescribed by this section, State Statute and such rules
and regulations as the Purchasing Agent shall adopt for the internal
management and operation of the Purchasing System.
b.
The authority of the Purchasing Agent shall not include construction
or reconstruction of buildings, streets or parks, and other related
projects.
c.
Except as herein provided, it shall be unlawful for any Borough officer
or employee to order, to purchase or to make any contract within the
purview of this section other than through the Purchasing Agent, and
any purchase order or contract made contrary to the provisions hereof
shall not be approved by the Borough Purchasing Agent and the Borough
shall not be bound thereby.
d.
In addition to the purchasing authority conferred here-in, the Purchasing
Agent shall:
1.
Act to procure for the Borough the highest quality in supplies and
contractual services at the least expense to the Borough;
2.
Encourage uniform bidding and endeavor to obtain full and open competition
insofar as possible on all purchases;
3.
Establish and amend when necessary all rules and regulations authorized
by or promulgated under this section and any other necessary to its
operation;
4.
Prescribe and maintain such forms as (s)he shall find reasonably
necessary to the operation of this section and of the Purchasing System;
5.
Prepare and secure, with the cooperation of the various Borough departments
and agencies, standard and written specifications for supplies used
by the various branches of the Borough government.
[Ord. #786, § 5]
All using agencies shall file with the Purchasing Agent detailed
requisitions or estimates of their requirements in supplies and contractual
services in such manner at such time and for such future periods as
the Purchasing Agent shall prescribe. The Purchasing Agent shall examine
each requisition or estimate and shall have the authority to revise
it as to quantity or estimated cost, but revision as to quality shall
be in accordance with the standards and specifications established
pursuant to this section.
[Ord. #786, § 6]
a.
Any purchase or contract within the purview of this section in which
any officer or employee of the Borough is financially interested,
directly or indirectly, shall be void.
b.
The Purchasing Agent and every officer and employee of the Borough
are expressly prohibited from accepting, directly or indirectly from
any person, company, firm or corporation to which any purchase order
or contract is or might be awarded, any rebate, gift, money or anything
of value whatsoever.
[Ord. #786, § 7]
All purchases of, and contracts for supplies and contractual
services shall, except as specifically provided herein be based wherever
possible on full and open competition.
[Ord. #786, § 8; Ord. #10-99, § 1]
a.
All supplies and contractual services except as otherwise provided
herein, when the estimated value thereof shall exceed the State of
New Jersey bidding threshold as established by N.J.S.A. 40A:11-3,
shall be purchased by formal written contract of the lowest responsible
bidder, after due notice inviting proposals as required by State law.
b.
Authorization to publicly advertise for formal bids shall be received
in advance from the Borough Council.
c.
Formal bids shall be received by the Borough Purchasing Committee
unless otherwise declared. The Purchasing Committee shall consist
of the Purchasing Agent and the Borough Clerk.
d.
The Purchasing Agent and using agency shall review the bids and submit
recommendations as to the award to the Borough Council.
e.
The Borough Council shall award or reject bids under this subsection.
[Ord. #786, § 9; Ord. #10-99, § 1]
All purchases of supplies and contractual services not requiring
formal advertising as required by the Local Public Contracts Law,
N.J.S.A. 40A:11-1, et seq., shall be made in accordance with the provisions
set forth in the Borough of Midland Park Central Purchasing System
User's Manual, being also known as the Purchasing Manual of the Borough
of Midland Park.
[Ord. #786, § 10]
a.
Purchases may be made from contracts awarded through the Bergen County
Cooperative Pricing System and the New Jersey State Cooperative Purchasing
System or any other purchasing system authorized by the Mayor and
Council.
b.
Purchases made under this subsection may be made without formal advertising
or solicitation of quotations.
c.
Purchases above the dollar amount for formal bidding shall be authorized
by resolution of the Borough Council.
[Ord. #786, § 11; Ord. #10-99, § 1]
Emergency purchases shall be made as follows:
a.
Any emergency purchase exceeding the bidding threshold as established
by N.J.S.A. 40:11-3, shall be required to be made in accordance with
the procedures set forth in N.J.S.A. 40A:11-6.
b.
All other emergency purchases shall be required to be made in accordance
with the procedures set forth in the Borough of Midland Park Central
Purchasing System User's Manual, being also known as the Purchasing
Manual of the Borough of Midland Park.
[1]
Editor's Note: Former Subsection 2-29.12, Other Municipal
Obligations, previously codified herein was repealed in its entirety
by Ordinance No. 10-99.
[Ord. #786, § 12; New]
[Ord. #443, §§ 8-1, 8-2; Ord. #797, § 1;
Ord. #10-99, § 2]
All payment of claims shall be made in accordance with the provisions
of the Borough of Midland Park Central Purchasing System User's Manual,
being also known as the Purchasing Manual of the Borough of Midland
Park.
[Ord. #567, § 4-1]
It shall be the purpose of the prequalification form to furnish
information so that a mutually just and equitable decision can be
made on the prospective bidder's capabilities to perform the work
or to supply the services or supplies for which bids have been advertised.
The criteria, not necessarily in order of importance, shall include
previous experience and satisfactory completion of projects, organizational
and mechanical ability, vocational knowledge, financial and bonding
capabilities and existing work load.
[Ord. #567, § 4-2]
There is hereby created and approved a prequalification form,
which form is on file with the Borough Clerk and will be made available
to any prospective bidder or other interested party.
[Ord. #567, § 4-3]
The Administrator shall study, investigate and approve or disapprove
each prospective bidder, and shall obtain, if necessary, additional
information from the prospective bidder or his previous clients, customers
or employers. The Borough Clerk shall maintain a file of the forms
such that each prospective bidder will have a current form on file
in the Borough.
[1]
Editor's Note: Former § 2-32, Contracts and Franchises,
previously codified herein and containing portions of Ordinance No.
21-93, was repealed in its entirety by Ordinance No. 10-99.
[Ord. #13-90, §§ 1, 2]
a.
Surcharge Imposed for Checks Returned for Insufficient Funds. There
shall be imposed a surcharge in the amount of twenty ($20) dollars
on the amount of any fee or other charge to be paid by an applicant
for any permit, license, Municipal Court fine, property tax assessed,
or other authorization to be issued by the Borough of Midland Park
where a check or other draft has been submitted to the Borough in
connection with an application for such permit, license or other authorization
or payment of Municipal Court fine or property tax assessed, and that
check or draft has been returned for insufficient funds.
b.
Determination of Amount of Surcharge. It is hereby found and determined
that the amount of such surcharge equals the approximate amount of
the Borough's administrative and other related costs where any such
check or other draft is returned for insufficient funds.
[Ord. #5-90, §§ 1 and 2; Ord. #6-93]
a.
Definitions.
1.
APPLICANT — Shall mean any person, corporation, partnership,
or other entity to whom a license is issued by the Borough of Midland
Park or any agency or department thereof.
b.
Condition to Issuance. If the applicant for any license or permit
to be issued by the Borough of Midland Park is the owner of the premises
on which the licensed or permitted activity is to take place, no license
or permit shall be issued to such applicant until it shall pay currently
any delinquent property taxes or assessments on the property where
the activity for which the license or permit is sought or is to be
conducted.
c.
Suspension of Licenses or Permits. Any outstanding license or permit
issued by the Borough of Midland Park shall be revoked or suspended
in the event the licensed or permitted business or activity is conducted
on the premises by the owner thereof and the owner has failed to pay
the taxes or assessments due on the property for at least three (3)
consecutive quarters.
d.
Restoration. Upon payment of the delinquent taxes or assessments,
the license or permit shall be promptly restored.
e.
Exceptions. The terms of this subsection shall not apply to:
1.
Any alcoholic beverage license or permit issued pursuant to the:
"Alcoholic Beverage Control Act, N.J.S.A. 33:1-1, et seq.";
2.
Permits issued to a real estate broker, or issued to a property owner,
to permit the erection of a sign on the premises in question to advertise
the same for sale or lease.
[Ord. #676; 1973 Code §§ 39-1—39-3]
a.
Right to Waive Fees. The Mayor and Council, at any regular or special meeting, shall have the right to waive all fees to be collected by any Borough official or board under any ordinances of the Borough in accordance with Subsection c below.
b.
Right to Waive Bonds. The Mayor and Council, at any regular or special meeting, shall have the right to waive the posting of any bonds under any ordinances of the Borough in accordance with Subsection c below.
c.
Application. The Mayor and Council shall have the power to waive
the collection of all fees by any public official or board or the
posting of any bonds under any ordinances of the Borough upon application
being made to it by any charitable, religious, veterans' or eleemosynary
organization.
[Ord. #10-08, Preamble]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined contribution
Retirement Program to provide retirement benefits to various County
and municipal officials.
N.J.S. 43:15C-2 requires the Governing Body of each County,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
The Mayor and Council of the Borough of Midland Park has considered
the guidelines issued by the Local Finance Board.
[Ord. #10-08, § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Requirement Program:
[Ord. #10-08, § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership pursuant to N.J.S.
43:15C-2:
a.
Tax Collector;
b.
Chief Financial Officer;
c.
Construction Code Official;
d.
Tax Collector;
e.
Registered Municipal Clerk;
f.
Tax Assessor;
g.
Principal Public Works Manager;
h.
Licensed Uniform SubCode Inspectors;
i.
Qualified Purchasing Agent;
j.
Municipal Planner;
k.
Certified Court Administrator.
[Ord. #10-08, § 3]
If an individual is appointed to one of the positions listed in Subsection 2-33A.2 and the individual is not serving in a position as described in Subsection 2-33A.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in Section 2 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #10-08, § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #10-08, § 5]
Should any part or parts of this section be held to be invalid
by any competent court of law, such invalidity shall only affect the
part or parts held to be invalid, and all other parts shall remain
in effect.
[Ord. #10-08 § 6]
A copy of this section shall be filed with the Director of the
Division of Pensions & Benefits of the New Jersey Department of
the Treasury.
[Ord. #04-10 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any program sponsored by the Borough of Midland
Park or any group or organization approved by the Recreation Commission.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
Shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized databases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments, or other formal criminal charges, and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
Shall mean the Borough of Midland Park Police Department.
Shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a Federal or
State statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
Shall mean any corporation, association or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes, or other law of this State, but excluding
public and nonpublic schools, and which provides recreational, cultural,
charitable, social or other activities or services for persons younger
than eighteen (18) years of age, and is exempt from Federal income
taxes.
Shall mean the New Jersey State Bureau of Identification
created by P.L. 1930, c. 65 (N.J.S.A. 52:1-12 et seq.), a bureau within
the Division of State Police.
[Ord. #04-10 § 2; Ord. #09-10 §§ 1,
2; Ord. #11-13]
a.
The Borough requires that all employees and volunteers, eighteen
(18) years of age and older, participating in any activity sponsored
by the Borough of Midland Park, the Midland Park Recreation Commission
or any nonprofit youth-serving organization approved by the Borough
or its Recreation Commission, undergo through the State Bureau of
Identification a criminal history record background check on each
prospective and current employee, volunteer or participant. Each employee,
volunteer and participant shall be required to undergo the background
check not less than once every five (5) years, provided that the Borough
reserves the right to require more frequent testing.
b.
The Division of State Police shall inform the Department and the individual whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in Subsection 2-33B.4 of this section.
c.
Prior to the conducting of a criminal history background check, the
employee, volunteer or participant shall provide written consent in
connection therewith.
d.
The volunteer shall bear the costs associated with conducting the
criminal history record background checks.
[Ord. #04-10 § 3; Ord. #09-10 § 3]
a.
Prospective or current employees, volunteers and participants of
nonprofit youth-serving organizations and/or employees and volunteers
of Borough-sponsored programs shall submit their name, address, fingerprints,
or other required information and written consent to the Recreation
Advisory Council or such other person or entity designated by the
Borough for the criminal history record background check to be performed.
Upon receipt thereof, the Recreation Advisory Council or the person
or entity designated by the Borough shall submit this documentation
to the State Bureau of Identification.
b.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this section.
c.
The Recreation Advisory Council and/or the person designated by the
Borough may, in their discretion, engage the services of a third-party
independent agency or a volunteer group authorized by the Chief of
Police to conduct the criminal history record background checks authorized
under this section.
[Ord. #04-10 § 4]
a.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2:14-1
et seq.
b.
For purposes
of interpreting the information recorded in a criminal history record
to determine the qualifications of the employee or volunteer of a
nonprofit youth-serving organization and/or the employee or volunteer
involved with Borough-sponsored programs involving minors, the Borough
shall presume that the employee or volunteer is innocent of any charges
or arrests for which there are no final dispositions on the record.
c.
The determination
of whether the information contained in the criminal history record
is sufficient to disqualify an employee or volunteer shall be made
by the State Police. Any employee or volunteer dissatisfied with the
determination shall be entitled to file an appeal with the Criminal
Background Check Appeal Panel created pursuant to this section.
[Ord. #04-10 § 5]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
Police Department and Criminal Background Check Appeal Panel, on a
need-to-know basis, as authorized by Federal or State statute, rule
or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this section.
b.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained, and criminal history record information furnished shall
not be disseminated to persons or organizations not authorized to
receive the records for authorized purposes. Use of this record shall
be limited solely to the authorized purpose for which it was given,
and it shall not be disseminated to any unauthorized persons. This
record shall be destroyed immediately after it has served its intended
and authorized purpose. Any person violating Federal or State regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
[Ord. #04-10 § 5]
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the disqualified
person shall have an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record or request
an exception. The disqualified person shall be afforded a reasonable
period of time to correct and complete this record. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record.
[Ord. #04-10 § 7; Ord. #09-10 § 4]
a.
Criminal Background Check Appeal Process. If the State Police disqualifies
an employee or volunteer, the employee or volunteer may appeal that
disqualification by filing a written notice of appeal with the Chief
of Police no later than twenty (20) days after receiving notice of
the disqualification from the State Police. Any appeal requested shall
proceed before the Criminal Background Check Appeal Panel.
b.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this section, the Borough of Midland Park hereby
creates a Criminal Background Check Appeal Panel, which shall consist
of three (3) members. The composition of the Criminal Background Check
Appeal Panel shall be as follows:
1.
One (1) member of the Criminal Background Check Appeal Panel shall
be the Police Chief, or his designee.
c.
Powers. The Criminal Background Check Appeal Panel is granted and
shall have and exercise, in addition to other powers herein granted,
all the powers necessary and appropriate to carry out and execute
the purposes of this section, including but not limited to, the following:
1.
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the disqualification.
2.
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination concerning the accuracy of the
criminal history record.
3.
To grant exceptions where appropriate.
d.
Findings. Not later than forty-five (45) days after the conclusion
of the hearing, the Criminal Background Check Appeal Panel shall issue
its findings of fact and the Panel's decision to the employee/volunteer
involved in the appeal and to the Recreation Commission who shall
act in accordance with the Panel's decision.
[Ord. #05-13]
The Borough hereby finds that it is appropriate to provide for
the indemnification and defense of Borough employees, appointees,
and officials in accordance with the provisions of N.J.S.A. 59:10-4,
and applicable law which empowers local public entities to provide
for such indemnification.
[Ord. #05-13]
As used in this section, the following term shall have the meanings
indicated:
Shall mean any official, officer or member of the Borough's
agencies, commissions or Council of the Borough, or employee or servant,
whether or not compensated, full or part-time, elected, appointed
or employed, who is authorized to perform any act or service; provided,
however, that the term does not include an independent contractor.
The term shall also include persons formerly holding office or employment.
The term employee is to be construed liberally in order to effectuate
the purposes of this section.
[Ord. #05-13]
a.
Pursuant to the authority granted by provisions of the New Jersey
Tort Claims Act, N.J.S.A. 59:10-4, and applicable law, the Borough
of Midland Park does hereby authorize and provide to its employees
indemnification in accordance with the indemnification provisions
applicable to all State employees under the New Jersey Tort Claims
Act.
b.
The Borough does also hereby authorize indemnification of any person
formerly or presently holding any office, position or employment,
elected or appointed, hereafter referred to as an employee, in accordance
with the provisions herein.
[Ord. #05-13]
a.
Except as otherwise provided herein, the Borough shall indemnify
and save harmless any employee from financial loss resulting from
any civil action, suit or proceeding, including a cross action, counterclaim
or a cross-complaint, against such employee on account of any act
or omission done in the scope of his/her employment; provided, however,
that the act or failure to act does not arise out of actual fraud,
willful misconduct, actual malice or an intentional wrong.
b.
The Borough shall defray all costs of defending a legal action against
said employee, including attorney's fees consistent with the current
hourly rate established by the Borough, Court costs and expert or
technical witness fees, and any amount paid in settlement thereof,
and actually and reasonably incurred in connection therewith, to the
extent permitted by general law. Expenses thus incurred may be paid
in advance of final disposition of the action, but the Borough may,
in its discretion, wait for a final determination before being obligated
to make any payments.
c.
Nothing herein shall authorize the Borough to pay for damages resulting
from the commission of a crime; however, the Borough shall indemnify
and save harmless each employee from financial loss resulting from
any action described above, including punitive or exemplary damages,
if, in the opinion of the governing body, the acts committed by the
employee upon which the damages are based do not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
d.
If the Borough employee files a counter action or counterclaim in
the legal proceeding, the Borough shall not be obligated to reimburse
such employee for any attorney fees or Court costs attributable to
such counter action or counterclaim.
[Ord. #05-13]
An employee shall not be entitled to indemnification or the
cost of defense under this section unless, within ten (10) days of
the time such employee is served with any summons, order to show cause,
complaint, process, notice, demand or pleading, he/she delivers the
same, or a copy thereof, to the Borough Clerk, who shall then forthwith
notify the Mayor and Council of the pending action; provided, however,
that this time period may be extended for good cause by the affirmative
vote of a majority of the full membership of the governing body.
[Ord. #05-13]
The Borough may provide any defense required of it under this
section through the Borough Attorney or by employing other counsel
as it deems appropriate. Where a conflict of interest may exist, the
public employee may engage his or her own counsel which counsel shall
be subject to the reasonable satisfaction of the governing body. Such
engagement shall be further subject to an appropriate agreement between
the Borough and the public employee.
[Ord. #05-13]
Except as otherwise provided in this section, whenever the Borough
provides any defense required of it under this section, the Borough,
through counsel, may assume exclusive control over the representation
of the public employee, and such employee shall cooperate fully with
the defense.
[Ord. #05-13]
In the event that a judgment is entered in favor of the public
employee at the trial court level and the adverse party files an appeal
therefrom, the governing body shall be obligated to pay the costs
of counsel beyond the trial court level. In the event that an adverse
judgment is entered against the public employee at the trial court
level and the public employee or adverse party seeks to appeal therefrom,
it shall be within the sole discretion of the governing body to decide
whether to pay for the costs of counsel beyond the trial court level.
[Ord. #05-13]
a.
The governing body may disclaim liability for coverage or defense
costs if any of the following conditions shall occur:
1.
The employee is covered by insurance for the cost of his/her defense
and indemnification.
2.
The legal proceeding is instigated or brought by the employee.
3.
The legal proceeding is instigated or brought by the municipality
against the employee.
4.
Any of the acts or omissions complained of was, in the opinion of
the governing body, the product of actual fraud, actual malice, willful
misconduct or an intentional wrong.
5.
The legal proceeding involves a question concerning the election
laws.
6.
The legal proceeding involves a claim for misfeasance or malfeasance
in office or a claim of fraud, theft or misappropriation of public
funds, and the employee is found liable for the charge.
7.
The legal proceeding is a criminal or disciplinary action.
8.
The legal proceeding involves an act or omission of the employee
which was not within the scope of employment.
b.
The Borough may not disclaim coverage under this section if there
shall have been a specific determination by the trier of fact that
the employee's actions or omissions complained of were within the
employee's scope of employment, duties and responsibilities and, further,
that the employee's actions or omissions complained of did not involve
actual fraud, actual malice or willful misconduct.
[Ord. #05-13]
An employee claiming indemnification under this section shall
cooperate fully and in good faith with the Borough and with attorneys,
adjusters, investigators or experts, or technical personnel engaged
by the Borough for the preparation and presentation of a defense to
such action, or the settlement or other disposition thereof, and if
the employee neglects, fails or refuses to cooperate, as herein required,
the governing body, after a hearing on ten (10) days' written notice
to the employee, and for cause, may declare all rights created under
this section for the benefit of such employee to be forfeited and
terminated by the affirmative vote of a majority of the full membership
of the Borough Council.
