[HISTORY: Adopted by the City Council of the City of Camden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1979 by Ord. No. MC-1474[1] (Ch. 39 of the 1987 Code)]
[1]
Editor's Note: Ordinance No. MC-3734, adopted 3-28-2002,
changed the title of this article from "Defense of Employees" to "Mandatory
Defense of Employees."
[Amended 4-9-1987 by Ord. No. MC-2289]
When an officer must be provided with the means for a legal
defense, in accordance with N.J.S.A. 40A:14-155 or N.J.S.A. 40A:14-28,
and the Municipal Personnel Defender cannot provide a legal defense,
the officer shall be reimbursed for the expense of his legal defense,
but not in an amount greater than provided in the maximum reimbursement
schedule which is available and on file in the City Clerk's office
and incorporated into this article.
[Amended 4-9-1987 by Ord. No. MC-2289]
The Council may, from time to time, amend the maximum reimbursement
schedule by resolution, which shall then become a part of this article
superseding the schedule indicated above.
No reimbursement shall be provided unless the action or legal
proceeding in which the officer is a defendant arose out of or incidental
to the performance of his duties.
No reimbursement shall be provided unless the Municipal Personnel
Defender cannot represent the officer.
If the officer is a defendant in a disciplinary action instituted
against him by a City official or in a criminal proceeding instituted
as a result of a complaint on behalf of the City of Camden, no reimbursement
shall be provided unless the proceeding is dismissed or finally determined
in favor of the officer.
In order to obtain reimbursement, the officer or his attorney
must submit an itemized bill, accompanied by an affidavit, or by a
certification in lieu of an affidavit, executed by his attorney.
[Adopted 3-28-2002 by Ord. No. 3733 (Ch. 40 of the 1987 Code)]
This article applies to former and current City of Camden classified
and unclassified employees and public officials who are not expressly
entitled by New Jersey law to have the costs of their defense for
proceedings brought against them for any acts or omissions arising
out of and in the course of the performance of their duties as employees
or public officials provided by the City of Camden.
The City Attorney shall, upon a request of an employee or public
official, provide for the defense of any eligible action brought against
such employee or public official on account of an act or omission
in the performance of his or her duties, but not in an amount greater
than provided in the maximum reimbursement schedule which is available
and on file in the City Clerk's office and incorporated into
this chapter.
The Council may, from time to time, amend the maximum reimbursement
schedule by resolution, which shall then become a part of this chapter
superseding the schedule indicated above.
The City Attorney may refuse to provide for the defense of an
action if he or she determines that:
A.
The act or omission was not within the scope of employment or official
duties; or
B.
The act or the failure to act was because of actual fraud, willful
misconduct or actual malice; or
C.
The defense of the action or proceeding by the City Attorney would
create a conflict of interest between the City and the employee or
public official.
If the individual is a defendant in a disciplinary action instituted
against him by a City official or in a criminal proceeding instituted
as a result of a complaint on behalf of the City of Camden, no reimbursement
shall be provided unless the proceeding is dismissed or finally determined
in favor of the individual. Reimbursement shall be limited to the
maximum reimbursement schedule which is available and on file in the
City Clerk's office and incorporated into this chapter.
An employee or public official shall not be entitled to legal
defense under this chapter unless, within 10 calendar days of the
time he or she is served with any summons, complaint, process, notice,
demand or pleading, he or she delivers the original or a copy thereof
to the City Attorney or his or her designee. Whenever the City Attorney
provides for the defense of an employee or public official, the City
Attorney may assume exclusive control over the representation and
such employee or public official shall cooperate fully with the City
Attorney's defense.
The City Attorney may provide for a defense pursuant to this
chapter by an attorney from his own staff or by employing other counsel
for this purpose or by asserting the City's right under any appropriate
insurance policy which requires the insurer to provide the defense.
In order to obtain reimbursement, the individual or his attorney
must submit an itemized bill, accompanied by an affidavit, or by a
certification in lieu of an affidavit, executed by his attorney.
