[HISTORY: Adopted by the Bloomfield Council 9-4-1979 (Ch. 2, Art.
V, of the 1962 Code; Ch. 16 of the 1987 Code). Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A present or former municipal employee, appointee, official,
elected official or member of any of the various boards, agencies
and commissions of the Township of Bloomfield, Essex County, New Jersey.
A.
The Township of Bloomfield is hereby authorized to
provide for the defense of actions brought against its officials and
to indemnify such officials to the extent hereinafter set forth and
shall save harmless and protect such persons from any financial loss
resulting from litigation.
B.
The obligation of the Township of Bloomfield to defend
and indemnify its employees for acts or omissions arising out of or
in the course of the performance of the duties of those persons shall
be limited to those circumstances under which the Township itself
would be liable for the acts of its employees under the doctrine of
respondeat superior.
A.
The Township shall defray the costs of defending any
criminal action against any official, provided that:
(1)
It is authorized by state statute, municipal ordinance
or resolution and provided that the criminal proceedings have been
dismissed or result in a final disposition in favor of the official.
(2)
The Township Council determines that there is no good
cause to dismiss the official arising out of the incident or related
incidents of the criminal proceedings.
B.
The Township shall provide for the defense of any
criminal action against any official, provided that it is authorized
by state statute, municipal ordinance or by resolution and such defense
is not herein otherwise limited.
The Township Council shall not approve indemnification
or the defense of any action if:
A.
The act or omission complained of was not within the
scope of employment or authority.
B.
The act or 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 Township and the official involved.
D.
There exist policies of insurance, either obtained
by the Township or by another, by virtue of which the municipal official
is entitled to a defense of the action in question from the insurer.
E.
The municipal official has failed to deliver to the
Township Administrator, within 10 days of the time the official is
served with any summons, complaint, process, notice, demand or pleading,
the original copy of such document or thereafter fails to cooperate
with the Township in the defense of the matter.
F.
The official fails to request the defense of any action.
G.
The action was brought by the Township.
If the Township Council determines to provide
a defense as authorized in this chapter, it may do so by a member
of its Law Department, hiring an attorney of its choice and paying
the same directly or reimbursing the municipal official for reasonable
attorney's fees expended or obligated to be expended by such official
in the defense of the act.
In addition to the provisions hereof, all officials
of the Township 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.
