Borough of Glassboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 12-27-1994 by Ord. No. 94-25. Amendments noted where applicable.]
Consistent with the provision of N.J.S.A. 59:10-4 and the Tort Claims Act,[1] the Borough of Glassboro shall indemnify and hold its employees harmless against any judgment for exemplary or punitive damages incurred by them in the defense of an action resulting from the employee's civil violation of state or federal law, including fees and costs and attorney's fees, up through and including any appeals, subject only to the conditions set forth below:
The employees of the Borough of Glassboro must notify the Borough of Glassboro as soon as possible as to any action threatened against the employee.
The Borough of Glassboro reserves the option to defend an employee of the Borough of Glassboro or provide the employee with the means for a defense or indemnify the employee for his/her defense.
The indemnification shall apply to any action, statements, conduct or any action in which the employee is involved giving rise to the lawsuit, claim and demand, even if it is later decided by a judge or jury to have been unlawful or improper as to the plaintiff; provided, however, that this indemnification shall not apply and shall be totally void and have no effect with respect to any action, statements, conduct or inaction of an employee, giving rise to any such lawsuit, claim and demand:
That was not within the scope of the employee's employment;
If the act or omission was due to actual fraud, willful misconduct or actual malice; or
That constituted a crime.
In the event that it is ultimately determined that the employee of the Borough of Glassboro cannot be indemnified as per § 31-1C, then the employee agrees to reimburse the Borough of Glassboro for monetary amounts, fees and costs, including attorneys' fees, which have been advanced or provided by the Borough of Glassboro to the public employee or on the public employee's behalf.
Editor's Note: See N.J.S.A. 59:1-1 et seq.
This chapter shall apply to any lawsuits currently pending against any employee of the Borough of Glassboro.