[HISTORY: Adopted by the City Council of the City of Bridgeton 1-4-1982
by Ord. No. 82-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any officer or employee whether or not compensated or part-time
who is authorized to perform any act or service for the City of Bridgeton;
provided, however, that the term shall specifically exclude any independent
contractor, but is intended to include any professional staff of the City
of Bridgeton, who, for purposes of this chapter shall not be regarded as an
independent contractor.
A present or former municipal appointee, official, elected official
or member of the various boards, agencies and commissions of the City of Bridgeton.
Subject to the limitations set forth in the subsequent sections of this
chapter, whenever any civil action has been or shall be brought against any
employee or official holding or formerly holding any office, position or employment
with the City of Bridgeton, for any action or commission arising out of or
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 persons from any financial loss resulting
from the litigation. The City Solicitor, or another attorney selected by the
Mayor, shall represent the employee or official.
The City shall not defray the costs of defending any criminal action
against any employee or official as may be authorized by state statute or
other municipal ordinance or resolution of the City of Bridgeton, and, in
those circumstances, the responsibility for defraying the costs of defending
such employee or official 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 City determine that there is good cause to discipline
the employee or official arising out of the incident or related incidents
of the criminal prosecutions, the City will not reimburse the employee or
official for legal defense and costs of defending the suit, even though criminal
proceedings against the employee or official may be dismissed or the employee
or official found not guilty.
A.
The obligation of the City of Bridgeton to defend and
indemnify its employees or officials for acts or omissions arising out of
or in the course of the performance of the duties of that person shall be
limited to those circumstances under which the City itself would be liable
for the acts of its employees or officials under the doctrine of respondeat
superior, except that the City shall defend any such official or employee
sued under the Federal Civil Rights Act, provided that the Mayor and/or City
Council shall not have concluded that such act or omission was outside the
scope of the responsibilities of said official or employee.
B.
Furthermore, the City shall not defend and save harmless
any employee or official committing an intentional or willful act or willful
omission arising out of or in the course of the performance of the duties
of such office, position or employment.
C.
Also specifically excluded from the provisions of this
chapter are any municipal employee or official providing any form of professional
medical services, such as doctors and nurses, insofar as said civil action
arises out of or concerns those professional medical services.
D.
The City shall not be responsible for the defense or
indemnification of any official or employee of the City when the City Council
has determined that:
(1)
The act or omission was not within the scope of employment.
(2)
The act or failure to act was because of actual fraud,
willful misconduct or actual malice.
(3)
The defense of the action or proceedings would create
a conflict of interest between the City and the public employee.
(4)
The defense of the action or proceeding is provided for
by an insurance policy or policies, whether obtained by the City or by any
other person.
(5)
The public employee failed to deliver to the City Administrator,
within 10 calendar days after the time he is served with any summons, complaint,
process, notice, demand or pleading, the original or a copy of the same.
(6)
The public employee has failed to cooperate fully with
the defense.
Whenever the City provides any defense required of it under this chapter,
the City, through counsel, may assume exclusive control over the representation
of the public employee, and such employee or official shall cooperate fully
with the defense.
The defense shall be at the option of the City. The City of Bridgeton
may provide any defense required of it under this chapter through an attorney
from the staff of the Department of Law or by employing other counsel at the
option of the Mayor and City Council.
Nothing in this chapter shall authorize the City to pay for punitive
or exemplary damages or damages resulting from the commission of a crime.
