[Ord. No. 3/30/90, Preamble
and § 1; amended 4-18-2012 by Ord. No. 02-2012]]
Except as hereinafter provided, the Borough of Farmingdale,
hereinafter know as the Borough, shall upon the request of any present
or former official, employee or appointee of the Borough provide for
indemnification and legal defense of any civil action brought against
said person or persons arising from an act or omission falling within
the scope of their public duties.
The Borough shall not indemnify any person against the payment
of punitive damages, penalties, or fines, but may provide for the
legal defense of such claims in accordance with the standards set
forth herein. The Borough may refuse to provide for the defense and
indemnification of any civil action referred to herein if the Borough
Council of the Borough of Farmingdale determines that:
a.
The act
or omission did not occur within the scope of a duty authorized or
imposed by law;
b.
The fact
or failure to act was the result of actual fraud, willful misconduct
or actual malice of the person requesting defense and indemnification;
or
c.
The defense
of the action or proceeding by the Borough would create a conflict
of interest between the Borough and the person or persons involved.
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;
b.
Any person
while providing goods or services of any kind under any contract with
the Borough except an employment contract;
c.
Any person
while providing legal or engineering services for compensation unless
said person is a full-time employee of the Borough; and
d.
Any person
who as a condition of his or her appointment or contract is required
to indemnify and defend the Borough and/or secure insurance.
a.
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:
b.
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.
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 Council of the Borough of Farmingdale
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 accordance with the standards set forth in this section.
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.
The Borough may provide for the defense pursuant to this section
by authorizing its attorney to act on 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.
This section shall take effect immediately upon passage and
publication as required by law.
