[Added 3-13-18 by Ord. No. 2018-12]
A.
Except as hereinafter provided, the Town of Secaucus, hereinafter
known as the "Town" shall, upon request of any present or former official,
employee or appointee of the Town provide for indemnification and
legal defense of any civil action brought against said person or persons
arising from an act or omission falling within the scope of their
public duties.
B.
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense provided
for in this Article shall include exemplary or punitive damages resulting
from the employee's civil violation of State or Federal law it, in
the opinion of the Mayor and Council the acts committed upon which
the damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
C.
The terms of this Article and the definition of official, employee
and appointees are to be construed liberally in order to effectuate
the purposes of this Article except that these terms shall not mean:
a) any person who is not a natural person; b) any person while providing
goods or services of any kind under any contract with the Town except
an employment contract; c) any person while providing legal or engineering
services for compensation unless said person is a full-time employee
of the Town; and d) any person who as a condition of his or her contract
is required to indemnify and defend the Town and/or secure insurance.
