[HISTORY: Adopted by the Mayor and Township
Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No.
3884-04. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A present or former Township employee, appointee, official,
elected official or member of the various boards, agencies and commissions
of the Township of Toms River, Ocean County, New Jersey.
A.
The Township of Toms River is hereby directed to provide
for the defense of actions brought against its officials and to indemnify
such officials to the extent hereinafter set forth and shall save
harmless and protect such officials from any financial loss resulting
from litigation.
B.
The obligation of the Township of Toms River to defend
and indemnify its officials for acts or omissions arising out of or
in the course of the performance of the duties of that person shall
be limited to those circumstances under which the Township itself
would be liable for the acts of its officials under the doctrine of
respondent superior.
The Township shall indemnify the costs of defending
any criminal action against its officials, provided that:
A.
The Township is authorized by state statute, municipal
ordinance or by resolution.
B.
The criminal proceedings(s) has been dismissed or
results in a final disposition in favor of the official.
C.
The Township Council determines that there is no good
cause to dismiss the official arising out of the incident or related
incidents of the criminal proceeding(s).
The Township Council shall not approve indemnification
or the defense of any action if:
A.
The act or omission complained of was not within the
scope of employment or authority.
B.
The act or omission complained of was the result of
actual fraud, willful misconduct or actual malice.
C.
The defense of the action or proceeding would create
a conflict of interest between the Township and the official involved.
D.
There exists policies of insurance, either obtained
by the Township or by another, by virtue of which the Township official
is entitled to a defense of the action in question from the insurer.
E.
The official has failed to deliver to the Township
Administrator within 10 days of the time he/she is served with any
summons, complaint, process, notice, demand or pleading the original
or copy of such document or thereafter fails to cooperate with the
Township or its attorneys in the defense of the matter.
F.
The official fails to request the defense of any action.
G.
The action is brought by the Township.
If the Township Council determines to provide
a defense in a civil action as authorized in this chapter, it may
do so by:
In addition to the provisions hereof, all officials
of the Township shall be entitled to defense and indemnification as
provided in N.J.S.A. 59:10-4.
