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. However, these
terms shall not mean:
A. Any person who is not a natural person;
B. Any person while providing goods or services of any
kind with any contract with the Borough of Sea Bright except an employment
contract or professional services contract;
C. Any person while providing legal or engineering services
for compensation when the claim is made by the Borough of Sea Bright
against the professional providing those services;
D. Any person who has a condition of his or her appointment
or contract that they are required to indemnify and defend the Borough
of Sea Bright and to secure appropriate insurance.
In any action or proceeding, including criminal
proceedings, the Borough of Sea Bright may provide for the defense
of a present or former official, employee or appointee if the Borough
of Sea Bright concludes that such representation is in the best interest
of the Borough of Sea Bright 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 Sea Bright provides
for the defense of any action set forth herein, and as a condition
of such defense, the Borough of Sea Bright may assume exclusive control
over the representation of such person defended, and such person shall
cooperate fully with the Borough of Sea Bright.
The Borough of Sea Bright 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 Sea Bright
under any appropriate insurance policy that requires the insurer to
provide a defense.