[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
Officers and employees — See Ch. 45.
Whenever an officer, employee or official of the Borough of Lavallette is made a defendant in any action or legal proceeding arising out of or incidental to the performance of his/her duties, including actions or legal proceedings to which N.J.S.A. 40A:14-155 and N.J.S.A. 40A:14-28 apply, the Borough Council of the Borough of Lavallette shall provide the officer, employee or official with the necessary defense or, at its option, the means for the defense of such action or proceeding subject to the guidelines set forth in § 22-3 below, and shall hold said officer, employee or official harmless from any payment, settlement or judgment resulting from the proceeding, except in the following situations:
Where the action has been brought by the Borough itself against said officer, employee or official (unless otherwise required by law); or
Where the officer, employee or official has been specifically found, by the trier of act in the proceedings, civil or criminal, to have acted with actual fraud, actual malice or willful misconduct.
[Amended 9-27-2010 by Ord. No. 2010-16 (1088)]
Any defense and/or indemnification provided pursuant to this chapter shall be subject to the limitations and provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.
The Borough Clerk shall make available a notice of tort claim form to any member of the public seeking to file a notice of tort claim against the Borough of Lavallette, its elected or appointed officials or employees pursuant to N.J.S.A. 59:8-4 and/or N.J.S.A. 59:8-6. The notice of tort claim shall be considered to the amended automatically and without further action in the event that N.J.S.A. 59:8-4 and/or N.J.S.A. 59:8-6 are amended by the New Jersey State Legislature, or a court of competent jurisdiction renders a decision adding to, subtracting from, amending or explaining the content thereof at any time.
The fees for legal services rendered in defense shall be reasonable and shall not exceed the sum of $150 per hour and shall not exceed the total sum of $2,000 without prior approval of the Borough Council, in any action exclusive of appeals from the determination and judgments of said courts to any appellate courts. The fees for legal services to be rendered for municipal officers, officials and employees in cases of appeals to upper courts shall first be negotiated and approved by the Borough Council after it has first approved the taking of any appeal by the officer, official or employee involved.
Written notice of the commencement of such suit and the name and address of the proposed defense attorney, if any, shall be submitted to the Clerk immediately upon service of a complaint upon the official or employee.
The notice referred to in Subsection B above shall include the proposed attorney's rates and charges.
The proposed attorney shall agree in writing to be bound by the fee structure herein established subject only to exceptional or unusual circumstances.
The bill submitted by the defense attorney, after services have been rendered, shall be completely detailed, including the dates of service, the nature of the services, the hourly charges and total charges for services and the nature and amount of out-of-pocket expenses, if any.
This chapter shall take effect immediately upon adoption and shall apply to all legal proceedings instituted after adoption, regardless of when the subject matter of the legal proceeding arose.