ports with the sound public policy of the State of New Jersey.
While there are similarities, most counties and municipalities have their own indemnification ordinances and policies. Most have time limits or other prerequisites to triggering a law enforcement officer’ s right to indemnification.
Unfortunately, some ordinances or policies only provide for a defense, not indemnification. Such was the unfortunate result in an unpublished published decision issued by the Appellate Division in July 2017 in the matter of Parchment v. City of East Orange. In that case, the court found that the City of East Orange, under its ordinances and status as self-insured and excess insurance coverage, was required only to provide two arresting officers with a defense— not indemnification— following an adverse verdict. Such a move by a municipality increases the probability that the involved law enforcement officers may have to explore other options, including personal bankruptcy, if unsuccessful in the litigation.
The key to any claim of indemnification is not to be denied on a procedural technicality. So, once served with any legal document, a law enforcement officer needs to advise his or her PBA union, attorney and superiors. d
A former municipal police officer, county corrections officer and municipal prosecutor, Stuart J. Alterman has represented law enforcement officers for more than 25 years in all areas of employment issues. He is a NJ State PBA Lifetime Silver Card recipient. Arthur J. Murray, who has extensive practice in the Office of Administrative Law in Law Enforcement Disciplinary Matters, contributed to this report.
The Law Firm of Alterman & Associates, LLC
Stuart J. Alterman, Esquire Jeffrey S. Ziegelheim, Esquire Arthur J. Murray, Esquire
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