[Added 5-24-2000 by Ord. No. 1352]
As used in this chapter, the following terms
shall have the following meanings:
A present or former municipal employee, appointee, official,
elected official or member of the various boards, agencies and commissions
of the Borough of Glen Rock, Bergen County, New Jersey.
A Borough of Glen Rock athletic organization approved by
resolution of the Borough Council and approved for membership in the
Bergen County Municipal Joint Insurance Fund (JIF). Volunteer board
members of quasi-athletic organizations, as well as coaches, managers
and other league officials, including part-time umpires or referees,
shall be included as members of the organization.
Each year, and no later than the official start
of their sports season, any quasi-athletic organization that wants
coverage under this article shall deliver to the Borough Clerk a complete
list of all volunteers and officials to be covered for that year.
Whenever required by either the Borough JIF insurance or safety officials,
all coaches will meet the training requirements established for that
particular sport. It is the intent of this article that the Borough
and quasi-athletic organizations work together to minimize risks through
training and safety improvements and to make sure that all volunteers
and officials receive proper training and instruction before participating
for any approved quasi-athletic organizations.
A.
The Borough of Glen Rock is hereby authorized to provide
for the defense of actions brought against its officials and qualified
members of a quasi-athletic organization and to indemnify such individuals
to the extent hereinafter set forth and shall save harmless and protect
such persons from any financial loss resulting from litigation.
B.
The obligations of the Borough of Glen Rock to defend
and indemnify its officials or approved members of a quasi-athletic
organization for acts or omissions arising out of or in the course
of the performance of the duties of that person shall be limited to
those circumstances under which the Borough itself would be liable
for the acts of its officials under the doctrine of respondent superior.
C.
In the event that an official, municipal employee
or approved member of a quasi-athletic organization is required to
defend an action relating to his or her position subsequent to leaving
office, municipal employment or member of the quasi-athletic organization,
the terms, conditions and provisions of this section shall apply.
D.
In the event that an official, municipal employee
or approved member of a quasi-athletic organization is being sued
for punitive damages, the Borough of Glen Rock shall not indemnify
said official, municipal employee or approved member of a quasi-athletic
organization with respect to same, but shall, to the extent provided
herein, defend said individual or municipal office in said action
and defray the costs of said defense.
A.
The Borough of Glen Rock shall defray the costs of
defending any criminal action against any official, municipal employee
or approved member of a quasi-athletic organization (if the underlying
allegations of said criminal action reasonably relate to or arises
from the individual's execution of his/her official duties) provided:
(1)
If it is authorized by state statute, municipal ordinance
or by resolution, and provided that the criminal proceedings have
been dismissed or result in a final disposition in favor of the officials.
(2)
The Mayor and Council determines that there is no
good cause to dismiss the official, municipal employee or approved
member of a quasi-athletic organization arising out of the incident
or related incidents of the criminal proceedings.
B.
The Borough of Glen Rock shall provide for the defense
of any criminal action against any official, municipal employee and/or
approved member of a quasi-athletic organization provided:
(1)
It is authorized by state statute, municipal ordinance
or by resolution and such defense is not herein otherwise limited.
The Mayor and Council shall not approve indemnification
of the defense of any action if:
A.
The act or omissions complained of was not within
the scope of employment or authority.
B.
The act of omission complained of was because of actual
fraud, willful misconduct or actual malice.
C.
The defense of the action or proceeding would create
a conflict of interest between the Borough and the individual involved.
D.
There exists policies of insurance, either obtained
by the Borough or by another, by virtue of which the official, municipal
employee or approved member of a quasi-athletic organization is entitled
to a defense of the action in question from the insurer. In the event
that the aforesaid insurance covers less than an entire defense to
the particular action, indemnification shall be approved for that
part of the defense not covered by insurance.
E.
The official, municipal employee or approved member
of a quasi-athletic organization has failed to deliver to the Mayor
and Council within 14 days of the time he or she is served with any
summons, complaint, process, notice, demand or pleading, the original
or copy of such document or thereafter fails to cooperate with the
Borough in the defense of the matter.
F.
The official, municipal employee or approved member
of a quasi-athletic organization fails to request the defense of any
action.
G.
If the action was brought by the Borough.
A.
If the Mayor and Council determine to provide a defense
as authorized in this article, they may do so by:
B.
The Borough Attorney, if the Borough Attorney and
the individual, requiring defense determine that there is no ethical
conflict created by said representation;
C.
Hiring an attorney of his/her choice and paying the
same directly; or
D.
Reimbursing the individual for reasonable attorney's
fees expended or obligated to be expended by such individual in the
defense of the action.
In addition to the provisions hereof, all officials,
municipal employees and approved members of a quasi-athletic organization
shall be entitled to defense and indemnification as provided in N.J.S.A.
59:10-1, et seq., and N.J.S.A. 59:10A-1, et seq.
Costs of defense and legal fees to be provided
herein by the Borough shall be calculated as reasonable prevailing
fees as charged in the County of Bergen at the time they are incurred,
and the Borough shall only be responsible to that extent. In the event
of a dispute as to the reasonableness of any fee to be paid by the
Borough in defense of an individual, as provided herein, either party
may seek review before the Superior Court of New Jersey, Bergen County,
for adjudication.
