§ 22-1. Defense and indemnification of officers, employees and officials.

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:

A. 

Where the action has been brought by the Borough itself against said officer, employee or official (unless otherwise required by law); or

B. 

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.