New Jersey Statutes 40A:9-134.1. Municipality to provide clerk with means of defense in certain actions, legal proceedings
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Terms Used In New Jersey Statutes 40A:9-134.1
- clerk: means the clerk of a municipality or of a board of chosen freeholders. See New Jersey Statutes 40A:1-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
The governing body of a municipality shall provide its municipal clerk with necessary means for the defense of any action or legal proceeding arising out of and directly related to the clerk’s lawful exercise of authority in the furtherance of official duties, except for:
a. a disciplinary proceeding instituted against the municipal clerk by the municipality; or
b. a criminal proceeding instituted as a result of a complaint on behalf of the municipality.
If any such disciplinary or criminal proceeding shall be dismissed or finally determined in favor of the municipal clerk, the municipality shall reimburse the municipal clerk for the reasonable costs of the defense. Where the costs of defense are based on the same hourly rate authorized by the municipality for services rendered to it by the municipal attorney, there shall be a presumption that the hourly rate is reasonable.
L.1991,c.73,s.2.