[HISTORY: Adopted by the Mayor and Council of the Borough of Barrington 2-12-1991 by Ord. No. 562. Amendments noted where applicable.]
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.
A. 
The municipality's provision of the necessary defense shall be by prospective payment of counsel for the defendant to be provided by the municipality pursuant to resolution under the Local Public Contracts Law of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B. 
This chapter is enacted with complete recognition for the standards set forth by New Jersey statutes requiring defense and reimbursement of police officers.
C. 
In those instances where the municipality provides defense of an official, employee, appointee or professional, the municipality also provides indemnification.