[R.O. 1966 C.S. § 2:14-26]
The purpose of Section 2:24-20 is to provide a uniform policy respecting reimbursement procedures for civil law suits and criminal charges brought against elected Municipal Officials of the City of Newark.
[R.O. 1966 C.S. § 2:14-27; Ord. 4-1-1981 § 2]
Whenever a civil or criminal action is instituted against an elected Municipal Official for any act or omission arising out of and in the course of, and within the scope of, the performance of the duties of such office, the City shall defray the cost of defending such action as set forth below:
The City's obligation hereunder shall be limited to those cases in which:
a. 
In civil matter:
1. 
The official was acting in a matter in which the City had an interest; and
2. 
The official was acting in the discharge of a duty imposed or authorized by law; and
3. 
The official was acting in good faith; and
4. 
The official is a named defendant in a matter pending before a court of competent jurisdiction.
b. 
In criminal matter:
1. 
The official was acting in a matter in which the City had an interest; and
2. 
The official was acting in the discharge of a duty imposed or authorized by law; and
3. 
The official was acting in good faith; and
4. 
The official is a named defendant in a matter pending before a court of competent jurisdiction.
5. 
The criminal proceeding is dismissed or results in a final disposition in favor of the official.
[R.O. 1966 C.S. 2:14-28]
a. 
An elected Municipal Official who seeks reimbursement from the City for the costs of defending any civil or criminal proceedings shall deliver the complaint or indictment to the Corporation Counsel within 10 days of the time he/she is served with a complaint of indictment.
1. 
In civil matters the elected Municipal Official will be entitled to reimbursement for his/her legal defense pursuant to Section 2:24-20.2 a., 1 — 4.
2. 
In criminal matters, the elected Municipal Official will be entitled to reimbursement for his/her legal defense pursuant to Section 2:24-20.2 b., 1-5 and upon the successful termination of the criminal proceedings. The elected Municipal Official who seeks reimbursement should retain his/her personal attorney with the knowledge that he/she may or may not be subsequently reimbursed by the City, and that if the official is reimbursed it will be in an amount within the limits set out in Section 2:24-20.4 even if the attorneys fees to be paid by the elected official is greater than that amount. The City under no circumstances will be liable to any private attorney at any time; rather the City will directly reimburse the elected Municipal Official in the amount set forth in Section 2:24-20.4.
b. 
In all civil or criminal proceedings, an elected Municipal Official will be barred from any reimbursement by the City if he/she does not obtain a written retainer agreement in which his/her attorney certifies to keep accurate and complete records of the hours which the attorney spends on the legal proceedings (to include the date and nature of services performed with regard to all times) from the outset of the case and to submit an affidavit of service at the conclusion of the proceedings setting out that detailed time information.
c. 
The elected Municipal Official within five days after retaining an attorney shall forward a signed copy of the retainer agreement to the Corporation Counsel. An elected Municipal Official who wishes to seek reimbursement of his/her legal expenses in a civil or criminal proceeding shall notify the Corporation Counsel within 20 days of the termination of that proceeding. The official shall then submit the attorney's affidavit of service signed by his/her attorney.
[R.O. 1966 C.S. § 2:14-29]
If the elected Municipal Official is entitled to reimbursement as set forth in Section 2:24-20.2 and Section 2:24-20.3 of this chapter, attorney fee shall be reimbursed at a reasonable rate.
[1]
Editor's Note: Resolution 7RCL, 11-21-1994 sets policy authorizing elected officials to retain an attorney regarding law enforcement investigation.
[R.O. 1966 C.S. § 2:14-30]
a. 
The Corporation Counsel in civil proceedings shall be directly involved with the elected Municipal Official's retained attorney concerning any recommendation for settlement of a civil lawsuit. The Corporation Counsel shall then present any recommendation of settlement, which must be in the best interest of the City, to the Municipal Council for their approval.
b. 
Where a possible conflict exists between the City and the Elected Municipal Official, acting within the scope of his/her official City duties, and where both are named as parties in the same civil lawsuit, the Corporation Counsel may decline to represent that person.
c. 
In circumstances involving litigation or other legal proceedings between two elected Municipal Officials qualifying for the privileges granted herein, the Corporation Counsel will not be required to represent or otherwise participate on behalf of either party.
[R.O. C.S. § 2:14-31]
Any expenditure of funds in connection with the provisions of this section shall be subject to the appropriation of funds by resolution of the Municipal Council.
[Ord. 6 S+FF, 12-2-1998]
The purpose of this Section 2:24-21 is to provide a uniform policy respecting the procedure for the defense of civil lawsuits and criminal charges brought against employees of the City of Newark in the Managerial-Confidential Classification.
[Ord. 6 S+FF, 12-2-1998]
Whenever a civil or criminal action is instituted against an employee in the Managerial-Confidential Classification for any act or omission arising out of and in the course of, and within the scope of, the performance of the duties of employment, the City shall defray the cost of defending such action only in the manner as set forth below:
The City's obligation hereunder shall be limited to those cases in which:
a. 
In a civil matter:
1. 
The employee was acting in a manner in which the City had an interest; and
2. 
The employee was acting in the discharge of a duty imposed or authorized by law; and
3. 
The employee was acting in good faith; and
4. 
The employee is a named defendant in a matter pending before a court of competent jurisdiction.
b. 
In a criminal matter:
1. 
The employee was acting in a matter in which the City had an interest; and
2. 
The employee was acting in the discharge of a duty imposed or authorized by law; and
3. 
The employee was acting in good faith; and
4. 
The employee is a named defendant in a matter pending before a court of competent jurisdiction; and
5. 
The criminal charges are dismissed or the proceedings result in a final disposition in favor of the employee of not guilty or acquittal.
[Ord. 6 S+FF, 12-2-1998]
Upon receipt by the Corporation Counsel of a written request from the employee for legal representation which shall include a copy of the complaint or indictment and all reports, records, or documents to establish the subject incident was within the scope of employment as outlined above, the Corporation Counsel shall review the request and is authorized to take the following action.
a. 
Criminal Complaints:
1. 
Determination if the incident arose out of and in the course of employment and deny the request if it did not.
2. 
If the incident did arise in the course of employment as outlined above, authorize reimbursement of a legal expense at a rate set in by the Corporation Counsel contingent on the aforestated conditions.
b. 
Civil Litigation:
1. 
Determine if the incident arose out of and in the course of employment and deny the request if it did not.
2. 
If the incident did arise in the course of employment provide legal representation to the employee:
(a) 
Subject to and conditioned upon the continuing cooperation of the employee in the defense of the matter.
(b) 
Until the conclusion of discovery at which time it shall be determined if the continued representation creates any potential for conflict; and if
(1) 
No conflict exits continue with the representation and indemnify the employee for any compensatory damage award; or
(2) 
A conflict exists provide independent legal representation under the conditions outlined above for the employee and indemnify the employee to the extent provided by the provisions of any judgment entered.
[Ord. 6 S+FF, 12-2-1998]
a. 
An employee shall be entitled to indemnification for compensatory damages only as provided above.
b. 
Where punitive damages are sought, the employee will be represented by the Corporation Counsel until discovery is complete.
At that time, the Corporation Counsel shall determine if a conflict exists and if not, continue the representation and the employees shall be indemnified for punitive damages only to the extent provided by the provisions of any judgment entered and consistent with applicable laws.
Where a conflict exists, independent legal representation under the conditions outlined above will be provided and the employee indemnified for punitive damages to the extent provided by the provisions of any judgment entered.
[Ord. 6 S+FF, 12-2-1998]
a. 
These provisions shall have no application to any action, suit, or proceeding brought by the City of Newark against any employee.
b. 
Any employee in the Managerial-Confidential Classification subject to the provisions of any other ordinance or statute concerning legal representation or indemnification may request that the provisions of this enactment apply in their stead. The Corporation Counsel shall review the request and grant it where appropriate.
c. 
Any dispute concerning the interpretation of this enactment shall be resolved as decided by the Corporation Counsel.
[Ord. 6 S+FF, 12-2-1998]
If any employee is entitled to reimbursement for attorney fees, they shall be reimbursed at a rate established by the Corporation Counsel.
[Ord. 6 S+FF, 12-2-1998]
Any expenditure of funds in connection with the provisions of this section shall be subject to the appropriation of said funds.