As used in this chapter, the following terms shall have the
meanings indicated:
OFFICIAL, OFFICER or EMPLOYEE
Any person elected or appointed to a public office, board
or commission of the Township of Weymouth, or employed or retained
by the Township for any office, commission or board thereof, whether
such person serves in a paid or unpaid capacity; provided, however,
that these terms do not include independent contractors employed by
the Township.
Whenever an official, officer or employee of the Township of
Weymouth is a defendant in any civil action or legal proceeding arising
out of or incidental to the performance of his or her duties, the
Township shall provide the official, officer or employee with the
necessary defense or, at the Township's option, a means for defense
of such action or proceeding, and shall hold such official, officer
or employee harmless and indemnify him or her from the payment of
any settlement or judgment resulting from the proceeding except in
the following situations:
A. Where the action has been brought by the Township itself against
said official, officer or employee.
B. Where the official, officer or employee has been specifically found
by the court in the proceedings to have acted with actual fraud, actual
malice or willful misconduct; or has been found guilty of a crime.
C. Where the official, officer or employee is found to have acted in
violation of any code of ethics now or later adopted by the Township.
Wherever an official, officer or employee of the Township is
a defendant in any criminal action or legal proceedings arising out
of or incidental to the performance of his or her duties and in the
event that said action or legal proceedings is dismissed or finally
determined in favor of the official, officer or employee, he or she
shall be reimbursed for the expense of defense.
The providing of a defense and indemnification referred to in §§
30-2 and
30-3 above shall be refused by the Township if it is the determination of the Township Committee that:
A. The act or omission was not within the scope of the person's
employment or official duties;
B. The act or failure to act was because of actual fraud, willful misconduct
or actual malice or intentional wrongdoing; or if the act or failure
to act constitutes an actual crime;
C. The defense of the action or proceedings by the Township would create
a conflict between the Township and the official, officer or employee;
D. There exist policies of insurance, either obtained by the Township
or by another, by virtue of which the official, officer or employee
is entitled to a defense of the action in question from the insurer;
E. It is not deemed appropriate, pursuant to the authority contained
in N.J.S.A. 59:10-1 et seq.;
F. The public official, officer or employee has failed to cooperate
fully with the defense provided by the Township; or
G. The official, officer or employee has failed to deliver to the Township
Clerk within 10 days of the time he or she is served with any summons,
complaint, process, notice, demand or pleading, the original or copy
of such document.
The Township may provide any defense required of it pursuant
to this chapter through any attorney selected by the Township.
Whenever the Township provides the defense of a Township official,
officer or employee pursuant to this chapter, the Township may assume
exclusive control of the representation of such official, officer
or employee, and such official, officer or employee shall cooperate
fully with the Township's defense.
Counsel fees to be paid outside counsel for legal services in
defense of an official, officer or employee shall be established by
Township Committee through resolution.