[HISTORY: Adopted by the Township Committee of the Township
of White 2-7-1986 (Ch. 13 of the 1977 Code). Amendments noted where applicable.]
The Township of White shall reimburse its elected officials,
employed officials, members of any boards or members of any committee
(hereinafter called "employees") for all legal expenses and costs
necessarily arising out of claims against said employees for acts
or omissions within the scope of their employment and where the act
complained of was not actual fraud, willful misconduct or actual malice
on the part of said employee.
The Township of White shall also reimburse and hold harmless
said individual for any bona fide settlement agreement entered into
by the employee and shall pay or reimburse said employees for any
judgment entered against said employee, as well as the costs of defending
said action, including reasonable counsel fees and expenses, together
with the cost of appeal, if any.
In the event that the ultimate outcome of said legal proceeding
results in the award of punitive damages against said employees or
should a finding be entered of actual fraud, willful misconduct or
malicious acts on the part of said employees, then said employee,
against whom said judgment or finding is made, shall reimburse the
Township for all costs and expenses advanced on his or her behalf.
In the event that said legal proceedings claim punitive damages
or alleged willful, fraudulent and malicious acts against said municipal
employee, then and in that event, the employee upon seeking reimbursement
for legal expenses to defend against said suit shall sign and file
with the Municipal Clerk a reimbursement agreement stating in fact
that if judgment is ultimately entered against him or her on a nonindemnified
claim, as defined by law, then said employee shall repay the municipality
for any amount advanced for attorneys' fees and costs on account of
said claim.
In the event that the elected official, employee or board member
who has received payment or who has had payment made on his or her
behalf for legal representation shall receive from any source reimbursement
for said expenses, said receipts shall become the property of the
Township of White.
