[HISTORY: Adopted by the City Council of the City of Long Branch as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1985 by Ord. No. 1257 (Sec. 2-33 of the 1971 Code)]
Whenever any civil action has been or shall be brought against any person holding office, position or employment under the jurisdiction of the City of Long Branch for any act or omission arising out of and in the course of the performance of the duties of such office, position or employment, the city shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom. Where allowed by law, said defense shall be provided by the city's Department of Law. When the City Attorney or Assistant City Attorney is unable to participate in that defense, the official, officer or employee shall have the name of the person of his or her choice submitted to the city for approval and agreement as to the cost of services. In the event that any official, officer or employee engages an attorney without the approval of the city and an agreement as to the cost of services, any and all such costs shall be the responsibility of that official, officer or employee.
[Amended 4-12-1988 by Ord. No. 24-88]
Whenever any criminal action is instituted against any person holding office, position or employment under the jurisdiction of the City of Long Branch for any act or omission arising out of or in the course of the performance of the duties of such office, position or employment, and should such proceeding be dismissed or result in a final disposition in favor of such person as to all charges, the city shall reimburse such person for the cost of defending such proceeding, including reasonable counsel fees and expenses, together with costs of appeal, if any. Prior to engaging counsel for defense, the official, officer or employee shall have the name of the person of his or her choice submitted to the city for approval and agreement as to the cost of services. In the event that any official, officer or employee engages an attorney and makes an agreement as to the cost of services without the approval of the city, any and all costs shall be the responsibility of that official, officer or employee.
Notwithstanding anything to the contrary set forth in §§ 25-1 and 25-2 hereinabove, the city shall not be responsible for indemnification under the following conditions:
The judgment or settlement of the civil cause of action relates to a claim based upon willful fraud, malice or misconduct.
The judgment calls for punitive or exemplary damage. Only that portion of a judgment based on compensatory damages shall be indemnified.
Any insurance coverage is available for payment.
[Adopted 6-24-2003 by Ord. No. 23-03]
Except as hereinafter provided, the municipality shall, upon the request of any present or former official, employee or appointee of the municipality provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.
For purpose of this article, the municipality's duty and authority to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
The terms of this article and definition of official, employee and appointee are to be construed liberally in order to effectuate the purposes of this article, except that these terms shall not mean any person who is not a natural person; any person while providing goods or services of any kind under any contract with the municipality; any person while providing legal or engineering services for compensation unless said person is a full-time employee of the municipality; and any person who as a condition of his or her appointment or contract is required to indemnify and defend the municipality and/or secure insurance.
The municipality shall not indemnify any person against the payment of punitive damages, penalties or fines, but may provide for the legal defense of such claims in accord with the standards set forth herein.
The municipality shall provide for defense of and indemnify the defendant or defendants in a civil action if the person or persons involved acted or failed to act in a matter in which the municipality has or had an interest; acted or failed to act in the discharge of a duty imposed or authorized by law; and acted or failed to take action in good faith.
The municipality may refuse to provide for the defense and indemnification of any civil action referred to herein if the Council determines that the act or omission did not occur within the scope of a duty authorized or imposed by law; the act or failure to act was the result of actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; or the defense of the action or proceeding by the municipality would create a conflict of interest between the municipality and the person or persons involved.
In any other action or proceeding, including criminal proceedings, the municipality may provide for the defense of a present or former official, employee or appointee if the Council concludes that such representation is in the best interest of the municipality and that the person to be defended acted or failed to act in accord with the standards set forth in § 25-5 of this article.
Whenever the municipality provides for the defense of any action set forth herein and as a condition of such defense, the municipality may assume exclusive control over the representation of such persons defended. Any such person shall cooperate fully with the municipality.
The municipality may provide for the defense pursuant to this article by authorizing the municipal attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the municipality's right under any appropriate insurance policy which requires the insurer to provide defense.