Except as hereinafter provided, the Township of Monroe, hereinafter
known as the "Township" shall, upon the 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.
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense
provided for in this chapter shall include exemplary or punitive damages
resulting from the employee's civil violation of state or federal
law if, in the opinion of the Township Council of the Township of
Monroe, the acts committed upon which the damages are based did not
constitute actual fraud, actual malice, willful misconduct or an intentional
wrong.
The terms of this chapter and the definition 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 of Monroe 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 of Monroe;
and
D. Any person who as a condition of his or her appointment or contract
is required to indemnify and defend the Township of Monroe and/or
secure insurance.
In any other action or proceeding, including criminal proceedings,
the Township of Monroe may provide for the defense of a present or
former official, employee or appointee if the Township Council of
the Township of Monroe concludes that such representation is in the
best interest of the Township of Monroe and that the person to be
defended acted or failed to act in accord with the standards set forth
in this chapter.
Whenever the Township of Monroe provides for the defense of
any action set forth herein, and as a condition of such defense, the
Township of Monroe may assume exclusive control over the representation
of such persons defended, and such person shall cooperate fully with
the Township of Monroe.
The Township of Monroe may provide for the defense pursuant
to this chapter by authorizing its attorney to act in behalf of the
person being defended or by employing other counsel for this purpose
or by asserting the right of the Township of Monroe under any appropriate
insurance policy that requires the insurer to provide defense.