SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Ronald W. Sahli, Esq., v. Woodbine Board of Education, et al. (A-92-06)

Argued September 25, 2007 -- Decided January 30, 2008

WALLACE, J., writing for a majority of the Court.

The Court considers whether a school board attorney is entitled to indemnification under N.J.S.A. 18A:16-6, which provides for indemnification in defense of a civil action for "any person holding any office, position or employment" with a board of education. The Court considers also whether the board of education's insurance policy required the insurer to reimburse the board's attorney for counsel fees incurred in defense of a civil action.

Plaintiff Ronald W. Sahli was appointed solicitor of the Woodbine Board of Education (Board). As Board solicitor, Sahli attended meetings, met with Board members, provided advice, and carried out the Board's instructions relating to legal matters. He received no health or pension benefits from the Board and no income tax withholdings were deducted from his fees.