ARTICLE IIndemnification (§ 13-1 — § 13-9)
ARTICLE IIHiring Preference (§ 13-15 — § 13-18)
§ 13-2Reimbursement of expenses; exceptions.
§ 13-3Amount of reimbursement.
§ 13-4Cooperation with Borough.
§ 13-6Counter actions.
§ 13-8Members of Borough Police Department.
§ 13-9through § 13-14. (Reserved)
For the purposes of this article, unless the context clearly indicates a different meaning, the following words and phrases shall have the meanings set forth herein:
- Coverage afforded by insurance policies of every kind, whether the premiums are paid by the Borough, the municipal official or someone on his behalf.
- MUNICIPAL OFFICIAL
- Any officer, employee, board member or committee member appointed or hired by the Mayor or Borough Council of the Borough of Washington, whether full-time or part-time. The term shall also include any person elected by the voters of the Borough of Washington to fill any official position in the Borough or any person subsequently appointed to fill such position.
Subject to the provisions of this article, the Borough of Washington shall reimburse a municipal official for all expenses incurred, specifically including reasonable attorneys' fees and court costs, and all monetary judgments, excluding punitive damages, imposed upon him in any action or legal proceeding of a noncriminal nature arising out of or incidental to the performance of the duties of the position or office held by such municipal official.
Exceptions. The Borough shall not be obligated to provide reimbursement in the following instances:
Where the legal proceeding is instigated or brought by the municipal official.
Where the legal proceeding involves a claim of misfeasance or malfeasance in office, or a claim of fraud, theft or misappropriation of public funds, and the municipal official is found liable for the charge.
Where the legal proceeding is instigated or brought by the Borough of Washington against the municipal official.
Where the legal proceeding involves a question concerning the election laws.
The amount the Borough is obliged to reimburse the municipal official shall be reduced by any insurance coverage payable to the municipal official by the net amount (recovery less attorneys' fees, disbursements and court costs) of any money received by the municipal official in any counteraction against the person or persons bringing the action against him.
A municipal official shall not be entitled to indemnification or reimbursement pursuant to this article unless, within 10 calendar days of the time he is served with any summons, complaint, process, notice, demand or pleading, he delivers the original or a copy thereof to the Municipal Attorney. The Municipal Attorney shall be obliged to cooperate with the Borough in the conduct of the municipal official's defense. Whenever competent and disinterested legal counsel is available to the Borough through any insurance coverage, the municipal official shall be obliged to be represented by such counsel. If the Borough wishes to use the Municipal Attorney or the attorney for any board or committee of the Borough to defend the action, the municipal official shall be obligated to be represented by that attorney unless there is a conflict of interest. The refusal of the municipal official to cooperate with the Borough shall terminate the Borough's obligation to reimburse the municipal official.
If the legal proceeding is terminated by an agreement amongst the parties, then the Borough shall not be obliged to reimburse the municipal official unless the Borough approves the settlement agreement.
If the municipal official files a counteraction in the legal proceedings, the Borough shall not be obliged to reimburse him for any attorneys' fees or court costs attributable to such counteraction.
The Borough may reimburse a municipal official for a portion of expenses incurred prior to a final decision in a legal proceeding, but the Borough shall be entitled to wait for a final determination before being obligated to make any payments.
To the extent that N.J.S.A. 40A:14-155 provides broader indemnification to members of the Borough of Washington's Police Department, that statute shall supersede this article.
§ 13-15Law enforcement applicants.
§ 13-18Residency requirements.
All applicants for initial appointment to classified positions within the Borough of Washington Police Department shall be given residency preference in accordance with N.J.S.A. 40A:14-123.1a and New Jersey Department of Personnel regulations. This article shall have no effect on promotional appointments.
The New Jersey Department of Personnel shall provide separate and successive lists of eligibles for consideration by the appointing authority in the following manner:
Within each such classification, duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to such municipality who fulfill the requirement of N.J.S.A. 40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class 3.
The appointing authority shall first appoint all those in Class 1 and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
Residency requirements shall be met by the announced closing date for the examination.