[Amended 10-13-2020 by Ord. No. 2020-7]
A present or former employee, appointee or official who becomes
a defendant in a civil action for any action or omission arising out
of the performance of the duties of such office, position, or employment,
where the defendant is not covered by insurance and where, in the
opinion of the Township Committee, upon advice of the Township Solicitor,
the Township's interests are not divergent or adverse to those
of the defendant, shall be entitled (under the terms and conditions
of this chapter) to be provided with legal defense by the Township,
except as otherwise provided herein.
Within five working days of the time when a
defendant is served with any summons, complaint, process, notice,
demand or pleading, the defendant must deliver the aforesaid documents
to the Township Clerk as a condition of receiving legal defense as
herein provided.
The Township Solicitor (or his designee) shall
act as counsel for the defendant unless the Solicitor shall determine
(at any stage in the proceedings) that the apparent interests of the
defendant and the Township diverge to the extent that the defendant
should be represented by separate counsel, in which event the separate
counsel shall be chosen by the defendant from among three nominees
proposed by the Township Solicitor and shall enter into a professional
services contract with the Township in accordance with the Local Public
Contracts Law.
In the event that the defendant shall have accepted
the defense provided by the Township under the terms of this chapter,
no settlement shall be entered into by the defendant without the express
written approval of the Township Committee.
It shall be within the sole discretion of the
Township Committee to decide whether to provide counsel costs for
proceedings beyond the trial court level.
Any person seeking to be provided with defense
under this chapter must agree, in writing, to accept the terms and
conditions of this chapter, including (but not limited to) the obligation
to reimburse the Township for its actual expenses in providing defense
in the event of a rightful disclaimer of coverage.