[Ord. No. 2-2016]
Except as hereinafter provided, the Borough of Bloomingdale,
hereinafter known as the Borough shall, upon the request of any present
or former official, employee or appointee, herein after referred to
as officials, of the Borough provide for indemnification and legal
defense of certain civil or criminal actions brought against said
person or persons arising from an act or omission falling within the
scope of their public duties.
[Ord. No. 2-2016]
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense
provided for in this section shall include exemplary or punitive damages
resulting from the official's civil violation of State or Federal
law if, in the opinion of the Borough Council the acts committed upon
which the damages are based did not constitute actual fraud, actual
malice, willful misconduct or an intentional wrong.
[Ord. No. 2-2016]
The terms of this section and the definition of official, employee
and appointee are to be construed liberally in order to effectuate
the purposes of this section except that these terms shall not mean
a) any person who is not a natural person; and b) any person while
providing goods or services of any kind under any contract with the
Borough except an employment contract.
[Ord. No. 2-2016]
The Borough shall provide for defense of and indemnify any present
or former official, employee or appointee of the Borough who becomes
a defendant in a civil action if the person or persons involved a)
acted or failed to act in a matter in which the Borough has or had
an interest; b) acted or failed to act in the discharge of a duty
imposed or authorized by law; and c) acted or failed to take action
in good faith. For purposes of this section, the duty and authority
of the Borough to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
[Ord. No. 2-2016]
In any other action or proceeding, including criminal proceedings,
the Borough may provide for the defense of a present or former official,
employee or appointee, if the Borough Committee concludes that such
representation is in the best interest of the Borough and that the
person to be defended acted or failed to act in accord with the standards
set forth in this section.
[Ord. No. 2-2016]
Whenever the Borough provides for the defense of any action
set forth herein and as a condition of such defense, the Borough may
assume exclusive control over the representation of such persons defended
and such person shall cooperate fully with the Borough in accordance
with the law.
[Ord. No. 2-2016]
The Borough may provide for the defense pursuant to this section
by authorizing its attorney to act in behalf of the person being defended
or by employing other counsel for this purpose or by asserting the
right of the Borough under any appropriate insurance policy that requires
the insurer to provide defense.
[Ord. No. 2-2016]
It shall be the duty of the employee to immediately notify the
Borough as to any action threatened against the employee.
[Ord. No. 2-2016]
The Borough may provide any defense required of it under this
article through the Municipal Attorney or through the retention of
another attorney. The cost of retention of an outside attorney shall
be provided when the defense of the action or proceeding creates a
conflict of interest between the Borough and the public employee.
a.
When the Borough provides any defense required of it under this article
through the Borough Attorney, the Borough may assume exclusive control
over the representation of the public employee, and such employee
shall cooperate fully with the defense.
b.
The Borough Council may approve the retention of an outside attorney
in accordance with the following conditions:
1.
The employee does not have the right to an attorney of his or her
choice at Borough expense. However, the Borough Council may approve
of an attorney requested by the employee at a rate not to exceed the
hourly rate it presently compensates the municipal attorney.
2.
The attorney retained by the Borough shall provide a written retainer
agreement and shall submit an affidavit of services rendered prior
to payment.
3.
Nothing in this section shall prevent an employee from retaining
an attorney of the employee's choice at his or her own expense, without
reimbursement from the Borough.
[Ord. No. 2-2016]
This ordinance shall take effect immediately upon passage and
publication as required by law.
