§ 40-1Individuals covered.
§ 40-2Provision of defense; reimbursement schedule.
§ 40-3Amendment of schedule.
§ 40-4Determination of eligible defense.
§ 40-5Reimbursement for defense against action
taken by City.
§ 40-6Duty to notify and cooperate with City
§ 40-7Methods of providing defense.
§ 40-8Itemized bill to be submitted.
This chapter applies to former and current City of Camden classified and unclassified employees and public officials who are not expressly entitled by New Jersey law to have the costs of their defense for proceedings brought against them for any acts or omissions arising out of and in the course of the performance of their duties as employees or public officials provided by the City of Camden.
The City Attorney shall, upon a request of an employee or public official, provide for the defense of any eligible action brought against such employee or public official on account of an act or omission in the performance of his or her duties, but not in an amount greater than provided in the maximum reimbursement schedule which is available and on file in the City Clerk's office and incorporated into this chapter.
The Council may, from time to time, amend the maximum reimbursement schedule by resolution, which shall then become a part of this chapter superseding the schedule indicated above.
The City Attorney may refuse to provide for the defense of an action if he or she determines that:
The act or omission was not within the scope of employment or official duties; or
The act or the failure to act was because of actual fraud, willful misconduct or actual malice; or
The defense of the action or proceeding by the City Attorney would create a conflict of interest between the City and the employee or public official.
If the individual is a defendant in a disciplinary action instituted against him by a City official or in a criminal proceeding instituted as a result of a complaint on behalf of the City of Camden, no reimbursement shall be provided unless the proceeding is dismissed or finally determined in favor of the individual. Reimbursement shall be limited to the maximum reimbursement schedule which is available and on file in the City Clerk's office and incorporated into this chapter.
An employee or public official shall not be entitled to legal defense under this chapter unless, within 10 calendar days of the time he or she is served with any summons, complaint, process, notice, demand or pleading, he or she delivers the original or a copy thereof to the City Attorney or his or her designee. Whenever the City Attorney provides for the defense of an employee or public official, the City Attorney may assume exclusive control over the representation and such employee or public official shall cooperate fully with the City Attorney's defense.
The City Attorney may provide for a defense pursuant to this chapter by an attorney from his own staff or by employing other counsel for this purpose or by asserting the City's right under any appropriate insurance policy which requires the insurer to provide the defense.
In order to obtain reimbursement, the individual or his attorney must submit an itemized bill, accompanied by an affidavit, or by a certification in lieu of an affidavit, executed by his attorney.