[HISTORY: Adopted by the Mayor and Council 4-5-1999 by Ord. No. 99-9. Amendments noted where applicable.]
It is the policy of the township to provide full and complete protection to all of its officers and employees from and against all suits, claims and demands in regard to their respective activities arising out of and related to their public duties and public employment to the maximum extent by law and in accordance with the following standards.
Whenever an officer, employee, or member of a township board, agency, commission or any other legally constituted body of the government of the Township of North Brunswick is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the governing body of the Township of North Brunswick will provide said person with necessary means for the defense of such action or proceeding, but not for his defense in a disciplinary proceeding instituted against him by the Township of North Brunswick or in a criminal proceeding instituted against him by the Township of North Brunswick or in a criminal proceeding instituted as a result of a complaint on behalf of the township. If such disciplinary or criminal proceeding instituted by complaint of the Township of North Brunswick shall be dismissed or finally determined in favor of such person, he/she shall be reimbursed for the expense of his/her defense.
The township will indemnify any such person referred to in § 19-2, other than for professional malpractice claims, and hold him/her harmless from any award of monetary damages in any such legal proceeding and from any and all legal costs and expenses incurred in connection with such action regardless of the limits of insurance coverage available to the township.
In any such legal proceeding, the township will waive any rights for contribution, indemnification or reimbursement from such person on account of any monetary damages awarded against such person or for any legal expense or other costs incurred in connection with any such action, whether or not such amount exceeds insurance coverage available to the township.
The township will not be responsible for legal costs and expenses incurred by such person relative to the retention of separate counsel on behalf or said person unless the township specifically approves the nature of costs and separate counsel retained by such person, in advance, together with the fees and costs that can be anticipated.
None of the rights and benefits outlined above shall be afforded to such person if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct.