[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 11-4-1981
by Ord. No. 81-22-803. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Shall apply to all elected officials, appointees, board members and
employees of the Borough of Cresskill.
Whenever any civil proceeding has been brought against any employee
of the Borough of Cresskill 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 or 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 provisions of this chapter.
The Borough shall indemnify and save harmless each employee from financial
loss resulting from any action described above in this chapter, including
claims, losses, expenses, judgments, attorney fees, court costs and expert
or technical witness fees, and any amount paid in settlement thereof and actually
and 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 damages 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 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 chapter 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 chapter for the benefit of such employee
to be forfeited and terminated.
