[HISTORY: Adopted by the Board of Commissioners of the City of Margate City 4-24-1997 by Ord. No. 1997-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
OFFICIAL, OFFICER or EMPLOYEE
Any person elected or appointed to a public office, board or commission of the City of Margate City or employed or retained by the City for any office, commission or board thereof, whether such person serves in a paid or unpaid capacity; provided, however, that these terms do not include independent contractors employed by the City.
Whenever an official, officer or employee of the City of Margate City is a defendant in any civil action or legal proceeding arising out of or incidental to the performance of his or her duties, the City of Margate City shall provide the official, officer or employee with the necessary defense or, at the City's option, a means for defense of such action or proceeding and shall hold such official, officer or employee harmless and indemnify him or her from the payment of any settlement or judgment resulting from the proceeding, except in the following situations:
A. 
Where the action has been brought by the municipality itself against said official, officer or employee.
B. 
Where the official, officer or employee has been specifically found by the court in the proceedings to have acted with actual fraud, actual malice or willful misconduct.
C. 
Where the official, officer or employee is found to have acted in violation of the City's Code of Ethics[1] (Chapter 25).
[1]
Editor’s Note: Ch. 25, Ethics, Code of, was repealed 7-16-2015 by Ord. No. 10-2015.
Wherever an official, officer or employee of the City of Margate City is a defendant in any criminal action or legal proceeding arising out of or incidental to the performance of his or her duties and in the event that said action or legal proceeding is dismissed or finally determined in favor of the official, officer or employee, he or she shall be reimbursed for the expense of defense.
The providing of a defense and indemnification referred to in §§ 17-2 and 17-3 above shall be refused by the municipality if it is the determination of the City Commission that:
A. 
The act or omission was not within the scope of the person's employment or official duties;
B. 
The act or failure to act was because of actual fraud, willful misconduct or actual malice or intentional wrongdoing;
C. 
The defense of the action or proceedings by the City would create a conflict between the City and the official, officer or employee;
D. 
There exist policies of insurance, either obtained by the City or by another, by virtue of which the official, officer or employee is entitled to a defense of the action in question from the insurer;
E. 
It is not deemed appropriate, pursuant to the authority contained in N.J.S.A. 59:10-1 et seq.;
F. 
The public official, officer or employee has failed to cooperate fully with the defense provided by the municipality; or
G. 
The official officer or employee has failed to deliver to the City Clerk, within 10 days of the notice, demand or pleading, the original or copy of such document.
The City may provide any defense required of it pursuant to this chapter through an attorney selected by the City.
Whenever the City provides the defense of a municipal official, officer or employee pursuant to this chapter, the City may assume exclusive control of the representation of such official, officer or employee, and such official, officer or employee shall cooperate fully with the City's defense.
Counsel fee to be paid outside counsel for legal services in defense of an official, officer or employee shall be as established by City Council through resolution.