Village of Ridgewood, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Ridgewood 4-8-1986 by Ord. No. 2023. Amendments noted where applicable.]
Administration of government — See Ch. 3.

§ 15-1 Authority, duty and scope.

Except as hereinafter provided, the Village of Ridgewood shall, upon the request of any present or former official, employee or appointee of the Village, 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 the purposes of this chapter, the Village's duty and authority to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
The terms of this chapter and the definitions of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this chapter, 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 Village; any person while providing legal or engineering services for compensation, unless said person is a full-time employee of the Village; and any person who as a condition of his or her appointment or contract is required to indemnify and defend the Village and/or secure insurance.
[Amended 7-16-2003 by Ord. No. 2835]
The Village may indemnify a person for exemplary or punitive damages resulting from that person's civil violation of state or federal law if, in the opinion of the Village Council, the acts committed by the person to be indemnified upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
[Amended 12-10-1991 by Ord. No. 2340]

§ 15-2 Civil proceedings.

The Village shall provide for the 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 Village has or had an interest.
Acted or failed to act in the discharge of a duty imposed or authorized by law.
Acted or failed to take action in good faith.
The Village may refuse to provide for the defense and indemnification of any civil action referred to herein if the Village 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 Village would create a conflict of interest between the Village and the person or persons involved.

§ 15-3 Proceedings other than civil actions.

In any other action or proceeding, including criminal proceedings, the Village may provide for the defense of a present or former official, employee or appointee if the Village Council concludes that such representation is in the best interest of the Village and that the person to be defended acted or failed to act in accord with the standards set forth in § 15-2 of this chapter.

§ 15-4 Exclusive control by Village.

Whenever the Village provides for the defense of any action set forth herein and as a condition of such defense, the Village may assume exclusive control over the representation of such person defended, and such person shall cooperate fully with the Village.

§ 15-5 Provisions for defense.

The Village may provide for the defense pursuant to this chapter by authorizing the Village Attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the Village's right under any appropriate insurance policy which requires the insurer to provide the defense.