[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 4-27-1982 by Ord. No. 82-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Applies to all elected officials, appointees, board members and employees of the Borough of Westwood.
Whenever any civil proceeding has been brought against any employee of the Borough of Westwood for any action or omission within the scope of the performance of the duties of such office, position or employment, the Borough, upon request, shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, provided that the act or omission does not arise out of actual fraud, willful misconduct or actual malice.
The Borough Attorney or other attorney selected by the Borough Council shall represent any person covered by the provisions of this chapter.
The Borough shall indemnify and save harmless each employee from financial loss resulting from any action described above in this chapter, including claims, losses, expenses, judgments, attorney fees, court costs and expert or technical witness fees, and any amount paid in settlement thereof and actually and reasonably incurred in connection therewith, to the extent permitted by law. Expenses thus incurred may be paid in advance of final disposition of the action. Nothing herein shall authorize the Borough to pay for punitive or exemplary damage or damages resulting from the commission of a crime.
The Borough shall not defray the costs of defending any criminal action against any employee except as may be authorized by state statute or other municipal ordinance or resolution of the Borough, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or shall result in a final disposition in favor of the employee. However, should the Borough determine that there is good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the Borough will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.
An employee requesting defense of any action or claiming indemnification under this chapter shall cooperate fully and in good faith with the Borough and with any attorneys, adjusters, investigators or expert or technical personnel engaged for this purpose in the preparation and presentation of a defense to such action or the settlement or other disposition thereof. If such employee shall neglect, fail or refuse to cooperate as aforesaid, the Mayor and Council, after hearing, on 10 days' written notice to the employee and for cause, may declare all rights created under this chapter for the benefit of such employee to be forfeited and terminated.