[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
It is the intent and purpose of this chapter to provide for
the defense of actions against and the indemnification of public employees
as permitted by N.J.S.A. 59:10-1, et seq.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
As used in this chapter:
Any officer, employee or servant, whether or not compensated
or part-time, who is authorized to perform any act or service; provided,
however, that the term does not include an independent contractor.
Any employee or former employee of the municipality.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
The municipality shall provide for the defense of any action
brought against a public employee on account of any act or omission
in the scope of said employment, and this obligation shall extend
to any cross-actions, counterclaims or cross-complaint against such
employee.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
The provisions of section 11A-3 shall not be applicable when the mayor and council determines that:
(a)
The act or omission was not within the scope of employment; or
(b)
The act or failure to act was because of actual fraud, willful misconduct
or actual malice; or
(c)
The defense of the action or proceeding would create a conflict of
interest between the municipality and the public employee; or
(d)
The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the municipality or by any
other person; or
(e)
The public employee failed to deliver to the municipal administrator,
within 10 calendar days after the time said employee is served with
any summons, complaint, process, notice, demand or pleading, the original
or a copy of the same; or
(f)
The public employee has failed to cooperate fully with the defense.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
The municipality may provide any defense required of it under
this chapter through an attorney from its own staff or by employing
other counsel.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
Whenever the municipality provides any defense required of it
under this chapter, the municipality, through counsel, may assume
exclusive control over the representation of the public employee,
and such employee shall cooperate fully with the defense.
[Ord. No. 82-6, § 1;
amended 12-7-2020 by Ord. No. 2020-48]
In any case where the municipality is required to provide a
defense under this chapter, the municipality shall pay or shall reimburse
the public employee for:
(a)
Any bona fide settlement agreements entered into on behalf of the
employee; and
(b)
Any judgments entered against the employee; and
(c)
Any exemplary or punitive damages resulting from the employee's civil
violation of state or federal law if, in the opinion of council, the
acts committed by the employee upon which damages are based did not
constitute actual fraud, actual malice, willful misconduct or an intentional
wrong; and
(d)
If the municipality has failed to provide such required defense,
all costs of defending the action, including reasonable counsel fees
and expenses, together with cost of any appeal.
In addition, in any case where the municipality would be required
to provide a defense under this chapter except for the fact that such
defense is provided for by insurance, the municipality shall provide
indemnification as aforesaid, but only to the extent not covered by
insurance.
Nothing in this chapter shall authorize the municipality to
pay for punitive or exemplary damages or damages resulting from the
commission of a crime.
