Pursuant to N.J.S.A. 59:10-4, the Township of
Burlington does hereby authorize indemnification of any person now
or in the future holding office, position or employment, elective
or appointive, hereafter referred to as an "employee."
[Amended 9-12-2017 by Ord. No. 17-OR-024]
The Township, upon request, shall provide for
the defense of any action, suit or proceeding, commenced or threatened,
whether civil, criminal, administrative or investigative, including
a cross action, counterclaim or cross complaint, against any employee
on account of any act or omission in the scope of his or her office,
position or employment, and shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with
costs of appeal, if any, provided that the act or failure to act does
not arise out of actual fraud, actual malice, willful misconduct or
an intentional wrong.
[Amended 9-12-2017 by Ord. No. 17-OR-024]
The Township shall indemnify and save harmless
each employee from financial loss resulting from any action described
above, including claims, losses, expenses, judgments, fines, attorneys'
fees, court costs and expert or technical witness fees and any amount
paid in settlement thereof and actually and reasonably incurred in
connection therewith, to the extent permitted by law. Expenses thus
incurred may be paid in advance of final disposition of the action.
Indemnification for exemplary or punitive damages will not be provided
if in the opinion of the Council the acts committed by the employee
upon which damages are based constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
As used in this chapter, the following terms
shall have the meanings indicated:
EMPLOYEE
The term:
A.
Shall apply to all employees irrespective of
the number of hours worked per week.
B.
Shall include such person, whether or not such
person holds a professional license or certificate, being paid a fixed
salary or hourly rate for the performance of his duties, but shall
not include any person furnishing professional or extraordinary unspecifiable
services under separate appointment, retainer, agreement or contract.
C.
Shall include persons formerly holding office
or employment, provided that the events giving rise to a cause of
action or claim hereunder occur after the effective date of this chapter.
The Township may employ legal counsel and expert
or technical personnel to provide a defense pursuant to this chapter
and may purchase appropriate insurance as protection against any liability
arising under this chapter.