Except as hereinafter provided, the Township
of Nutley, hereinafter known as the "Township," shall, upon request
of any present or former official, employee or appointee of the Township,
provide for indemnification and legal defense of any civil action
brought against said person or persons arising from an act or omission
falling within the scope of their public duties.
The terms of this chapter and the definitions
of "official," "employee" and "appointee" are to be construed liberally
in order to effectuate the purposes of this chapter except that these
terms shall not mean:
A. Any person who is not a natural person;
B. Any person while providing goods or services of any
kind under any contract with the Township except an employment contract;
C. Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the
Township; and
D. Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Township and/or
secure insurance.
In any other action or proceeding, including
criminal proceedings, the Township may provide for the defense of
a present or former official, employee or appointee if the Township
concludes that such representation is in the best interest of the
Township and that the person to be defended acted or failed to act
in accordance with the standards set forth in this chapter.
Whenever the Township provides for the defense
of any action set forth herein and as a condition of such defense,
the Township may assume exclusive control over the representation
of such person(s) being defended and such person(s) shall cooperate
fully with the Township.
The Township may provide for the defense pursuant
to this chapter by authorizing its attorney to act on behalf of the
person(s) being defended or by employing other counsel for the purpose
or by asserting the right of the Township under any appropriate insurance
policy that requires the insurer to provide defense.