[1988 Code § 10-1]
The Borough of Cape May Point does hereby authorize and provide
indemnification to its employees, appointees and officials in accordance
with the provisions of N.J.S.A. 59:10-1 et seq.
[1988 Code § 10-2]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean and include the Board of Commissioners as well
as all appointees of the statutory municipal bodies of the Borough
of Cape May Point and both full- and part-time employees of the Borough.
[1988 Code § 10-3]
Subject to the provisions of this chapter, the Borough shall
reimburse municipal officials for all expenses incurred, including
reasonable attorneys' fees, for all monetary judgments, including
exemplary or punitive damages, imposed upon them in any action or
legal proceeding of a noncriminal nature arising out of or incidental
to the performance of the duties of the position or office held by
such municipal official, if the acts committed by the official upon
which the damages are based did not constitute actual fraud, malice,
willful misconduct or an intentional wrong.
[1988 Code § 10-4]
The Borough shall not be obligated to provide reimbursement
in the following instances:
a.
Where the legal proceeding is instigated or brought by the municipal
official;
b.
Where the legal proceeding involves a claim of misfeasance or malfeasance
in office or a claim of fraud, theft or misappropriation of public
funds and the municipal official is found liable for the charge;
c.
Where the legal proceeding is instituted or brought by the Borough
of Cape May Point against the municipal official;
d.
Where the legal proceeding involves a proceeding concerning the election
laws.
[1988 Code § 10-5]
The amount the Borough is obliged to reimburse the municipal
official shall be reduced by any insurance coverage payable to the
municipal official or to the Borough for expenses of suit.
[1988 Code § 10-6]
The municipal official shall be obliged to cooperate with the
Borough in the conduct of the defense. Whenever competent and disinterested
legal counsel is available to the Borough through any insurance coverage,
the municipal official shall be obliged to be represented by such
counsel. If the Borough wishes to utilize the services of the Municipal
Attorney or the attorney for any board or committee of the Borough
to defend the actions, the municipal official shall be obligated to
be represented by that attorney unless there is a conflict of interest
as certified by said attorney, the presiding judge of the court in
which the matter is pending or by the Advisory Committee of Professional
Ethics of the New Jersey Supreme Court. The refusal of the municipal
official to cooperate with the Borough shall terminate the Borough's
obligation to reimburse the municipal official.
[1988 Code § 10-7]
If the legal proceeding is terminated by settlement among the
parties, then the Borough shall not be obligated to reimburse the
municipal official unless the Borough approves the settlement agreement.
[1988 Code § 10-8]
If the municipal official files a counterclaim in the legal
proceedings, the Borough shall not be obligated to reimburse said
official for any attorneys' fees or court costs attributable
to the prosecuting of said counterclaim.
[1988 Code § 10-9]
The Borough may reimburse a municipal official for a portion
of reasonable expenses incurred in connection with the proceeding
prior to a final decision; provided, however, that the Borough gives
prior approval to the undertaking of said expenses.
[1988 Code § 10-10]
To the extent that the New Jersey State Statutes provide broader
indemnification to members of the Borough Police and Volunteer Fire
Department, said statutes, wherever applicable, shall supersede this
chapter.
