[HISTORY: Adopted by the Mayor and Council
of the Borough of Montvale as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-1988 by Ord. No. 88-871 (Ch.
29, Art. I, of the 1966 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes any person duly appointed and serving as an appointee
of a municipal agency.
The Planning Board, Board of Health and Mayor and Council.
The Borough Attorney.
The Borough of Montvale shall at no cost provide
a legal defense through the trial court level of any member of a municipal
agency in actions brought by third parties having appeared before
said municipal agencies and claiming that their rights have been abridged
by any action, determination or conduct of a member of the municipal
agency, subject to the conditions hereinafter stated.
The municipality shall only be responsible for
the defense of a municipal agency member in those instances wherein
the claim arises out of, and in the course of, the performance of
said member's duties to the municipal agency, provided further that
the conduct giving rise to the claim is not such from which the agency
member has been requested by the agency Chairman to desist or for
which continuance said member has been censured by the governing body.
In those matters where it is deemed by the governing
body that a conflict of interest may exist between the rights of the
agency member and the municipality, and in such other instances as
the governing body shall determine that it is in the best interest
of the municipality that an agency member secure independent counsel
in their defense, then in such event said member shall be entitled
to select an attorney of their choice for the purposes herein stated,
provided that the municipality shall not be responsible for the payment
of fees in excess of those which would otherwise be charged by the
Municipal Attorney in such matters.
Under no circumstances shall the municipality
be responsible for any damages assessed against any municipal agency
member.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Should any article, section, subsection, paragraph,
sentence, clause or phrase or this article be held to be unconstitutional
or invalid, such decision shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the article,
section, subsection, paragraph, sentence, clause or phrase thereof
directly involved in the controversy in which said decision shall
have been rendered.
This article shall take effect immediately upon
passage and publication according to law.
[Adopted 12-28-2000 by Ord. No. 2000-1152 (Ch. 29, Art. II, of the 1966 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Applies to all elected officials, appointees, board members
and employees of the Borough of Montvale.
Whenever any civil proceeding has been brought
against any employee of the Borough of Montvale by any third party
for any action or omission within the scope of the performance of
the duties of such office, position or employment, the Borough, upon
request, shall defray all costs of defending such action, including
reasonable counsel fees and expenses, together with costs of appeal,
if any, provided that the act of omission does not arise out of actual
fraud, willful misconduct or actual malice.
The Borough Attorney or other attorney selected
by the Borough Council shall represent any person covered by the provision
of this article.
The Borough shall indemnify and save harmless
each employee from financial loss resulting from any action described
above in this article, including claims, losses, expenses, judgments,
attorney fees, court costs and expert or technical witness fees and
any amount paid in settlement thereof and actually reasonably incurred
in connection therewith to the extent permitted by law. Expenses thus
incurred may be paid in advance of final disposition of the action.
Nothing herein shall authorize the Borough to pay for punitive or
exemplary damage or damages resulting from the commission of a crime.
The Borough shall not defray the costs of defending
any criminal action against any employee except as may be authorized
by state statute or other municipal ordinance or resolution of the
Borough, and, in those circumstances, the responsibility for defraying
the costs of defending such employee shall be applicable only when
such criminal proceedings shall have been dismissed or shall result
in a final disposition in favor of the employee. However, should the
Borough determine that there is good cause to dismiss the employee,
arising out of the incident or related incidents of the criminal prosecution,
the Borough will not reimburse the employee or official for legal
defense and costs of defending the suit even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
An employee requesting defense of any action
or claiming indemnification under this article shall cooperate fully
and in good faith with the Borough and with any attorneys, adjusters,
investigators or expert or technical personnel engaged for this purpose
in the preparation and presentation of a defense to such action or
the settlement or other disposition thereof. If such employee shall
neglect, fail or refuse to cooperate as aforesaid, the Mayor and Council,
after hearing, on 10 days' written notice to the employee and for
cause, may declare all rights created under this article for the benefit
of such employee to be forfeited and terminated.
All ordinances inconsistent with the provisions
of this article are hereby repealed as to such inconsistencies only.
If any section, clause, provision or portion
of this article is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the article shall not
be affected thereby.
This article shall take effect immediately upon
final passage and publication according to law.
