[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont 7-17-2001 by Ord. No. 1263. Amendments noted where
applicable.]
A.
Except as hereinafter provided, the Borough of Dumont
shall, upon the request of any present or former official, employee
or appointee of the Borough 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.
B.
For the purposes of this chapter, the Borough's duty
and authority to defend and indemnify shall extend to a claim, cross-claim or counterclaim against said person.
C.
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.
D.
The Borough 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 Borough 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.
A.
The Borough shall provide for the defense of and indemnify
the defendant or defendants in a civil action if the person or persons
involved:
B.
The Borough may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Borough Council determines that:
(1)
The act or omission did not occur within the scope
of a duty authorized or imposed by law;
(2)
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
(3)
The defense of the action or proceeding by the Borough
would create a conflict of interest between the Borough and the person
or persons involved.
In any other action or proceeding, including criminal proceedings, the Borough may provide for the defense of a present or former official, employee or appointee, if the Borough Council concludes that such representation is in the best interest of the Borough and that the person to be defended acted or failed to act in accord with the standards set forth in § 25-2 of this chapter.
Whenever the Borough provides for the defense
of any action set forth herein and as a condition of such defense,
the Borough may assume exclusive control over the representation of
such person defended and such person shall cooperate fully with the
Borough.
The Borough may provide for the defense pursuant
to this chapter by authorizing the Borough Attorney to act in behalf
of the person being defended or by employing other counsel for this
purpose or by asserting the Borough's right under any appropriate
insurance policy which requires the insurer to provide the defense.