As used in this article, the following terms
shall have the meanings indicated:
OFFICIAL or MUNICIPAL OFFICIAL
Present or former Town employees, appointees, officials,
elected officials or members of the various boards, agencies and commissions
of the town.
Pursuant to the provisions of N.J.S.A. 59:10-1
et seq., the Town of West New York shall provide for the defense of
actions brought against its present and former officials and indemnify
such officials to the extent hereinafter set forth in this article.
The Mayor and Board of Commissioners of the
Town of West New York shall not approve the defense of any action
if it determines that:
A. The act or omission complained of was not within the
scope of employment or authority of its official.
B. The act or omission complained of was because of actual
fraud, willful misconduct or actual malice.
C. The defense of the action or proceeding would create
a conflict of interest between the Town and the official involved.
D. The action has been brought by the Town itself against
said official or municipal official.
E. There exist policies of insurance obtained by the
Town by virtue of which the municipal official is entitled to a defense
and full indemnification from the insurer.
F. The municipal official has failed to deliver to the
Town Clerk within 10 days of the time he or she is served with any
summons, complaint, process, notice, demand or pleading the original
or copy of such document or thereafter fails to cooperate with the
Town in the defense of the matter.
G. The act or admission complained of occurred prior
to the effective date of ordinance No. 19/95.
[Added 6-21-1995 by Ord. No. 27/95]
If the Mayor and Board of Commissioners of the
Town of West New York determines to provide a defense as authorized
in this article, it may do so by either hiring an attorney of its
choice and paying the same directly or reimbursing the municipal official
for reasonable attorney's fees expended or obligated to be expended
by such official in the defense of the action.
Whenever the Town provides the defense of a
municipal official or employee pursuant to this article, the Town
may assume exclusive control of the representation of such official,
officer or employee, and such officer or employee shall cooperate
fully with the town's defense.
Nothing in this article authorizes the Town
to pay for punitive or exemplary damages or damages resulting from
the commission of a crime.
In the event that this article conflicts with
any existing negotiated contract between the Town and its employees,
the terms of the contract shall govern.