As used in this chapter, the following terms shall have the
meanings indicated:
OFFICIAL or MUNICIPAL OFFICER
A present or former municipal employee, police officer, volunteer
fire officer, appointee, official, elected official or member of the
various boards, agencies and commissions of the Borough of Hasbrouck
Heights, Bergen County, New Jersey.
The Mayor and Council may not approve indemnification of the
defense of any action (this list in not exhaustive) if:
A. The act or omission complained of was not within the scope of employment
or authority of the Borough official or municipal officer.
B. The act or omission complained of constitutes or there is reasonable
evidence presented that suggests it may constitute in the reasonable
opinion of the Mayor and Council actual fraud, willful misconduct
or actual malice.
C. The defense of the action or proceeding would create a conflict of
interest or the perception of a conflict of interest between the Borough
and the official or municipal officer involved.
D. The official or municipal officer has failed to deliver to the Mayor
and Council, within 20 calendar days of the time he or she is served
with any summons, complaint, process, notice, demand or pleading,
the original or copy of such document or thereafter fails to cooperate
with the Borough in the defense of the matter.
E. The official or municipal officer fails to request the defense of
any action.
F. The action for which indemnification is sought was brought by the
Borough against the official or municipal officer or was initiated
because of a complaint made or supported by the Borough.
If the Mayor and Council determines to provide a defense as
authorized in this section (this list is not exhaustive), it may do
so by any of the following:
A. The Borough Attorney, if the Borough Attorney and the employee or
official requiring defense determine that there is no ethical conflict
created by said representation; or
B. Hiring an attorney of the Borough's choice and paying the same
directly; or
C. Reimbursing the official or municipal officer for reasonable attorneys'
fees (as reasonable is determined by the Borough Attorney) expended
or obligated to be expended by such official in the defense of the
action at the current municipal rate charged by attorneys working
for the Borough.
In addition to the provisions hereof, all officials and employees
of the Borough shall be entitled to defense and indemnification as
provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.