The Borough of Barrington shall provide for the defense of any
action brought against a public official of the Borough of Barrington,
an employee or former employee of the Borough of Barrington, an appointee
or former appointee of the Borough of Barrington and/or a professional
or former professional of the Borough of Barrington on account and
any act or omission in the scope of said office, appointment or employment.
The Borough may refuse to provide for the defense of an action
upon determination that the:
A. Act or omission was not within the scope of employment or appointment
of office.
B. Act or failure to act was because of actual fraud, willful misconduct
or actual malice.
C. Action has been brought by the municipality itself against the official,
employee, appointee or professional.
D. Office, employee or appointee is found to have acted in violation
of the Municipal Code of Ethics.