[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon
Heights 2-17-2004 by Ord. No. 1165. Amendments
noted where applicable.]
Except as hereinafter provided, the Borough of Haddon Heights, hereinafter
known as the “Borough of Haddon Heights,” shall, upon the request
of any present or former official, employee or appointee of the Borough of
Haddon Heights, 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 his or her public duties.
The terms of this chapter and the definition of “official,”
“employee” and “appointee” are to be construed liberally
in order to effectuate the purposes of this chapter, except that those terms
shall not mean:
A.
Any person who is not a natural person;
B.
Any person while providing goods or services of any kind
under any contract with the Borough of Haddon Heights except an employment
contract;
C.
Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the Borough
of Haddon Heights; and
D.
Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Borough of Haddon Heights
and/or secure insurance.
A.
The Borough of Haddon Heights shall provide for defense
of and indemnify any present or former official, employee or appointee of
the Borough of Haddon Heights who becomes a defendant in a civil action if
the person or persons involved:
B.
For purposes of this chapter, the duty and authority of the Borough
of Haddon heights to defend and indemnify shall extend to a cross-claim or
counterclaim against said person.
The Borough of Haddon Heights 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 Borough of Haddon Heights may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Borough of Haddon Heights determines
that:
A.
The act or omission did not occur within the scope of
a duty authorized or imposed by law;
B.
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
C.
The defense of the action or proceeding by the Borough
of Haddon Heights would create a conflict of interest between the Borough
of Haddon Heights and the person or persons involved.
In any other action or proceeding, including criminal proceedings, the
Borough of Haddon Heights may provide for the defense of a present or former
official, employee or appointee, if the Borough of Haddon Heights concludes
that such representation is in the best interest of the Borough of Haddon
Heights and that the person to be defended acted or failed to act in accord
with the standards set forth in this chapter.
Whenever the Borough of Haddon Heights provides for the defense of any
action set forth herein and as a condition of such defense, the Borough of
Haddon Heights may assume exclusive control over the representation of such
persons defended and such person shall cooperate fully will the Borough of
Haddon Heights.
The Borough of Haddon Heights may provide for the defense pursuant to
this chapter by authorizing its attorney to act on behalf of the person being
defended or by employing other counsel for this purpose or by asserting the
right of the Borough of Haddon Heights under any appropriate insurance policy
that requires the insurer to provide defense.
