Township of Colts Neck, NJ Chapter 17 Defense and Indemnification

[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 10-16-1980 (Ch. 16 of the 1969 Code). Amendments noted where applicable.]

§ 17-1 Township to defray cost of defense.

Subject to the limitations hereinafter set forth, whenever any civil action has been or shall be brought against any person (hereinafter referred to as an "employee") holding or formerly holding any office, position or employment with the Township of Colts Neck for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the township shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such persons from any financial loss resulting from the litigation. The Township Attorney or other attorney selected by the Township Committee shall represent the township official or employee.

§ 17-2 Limitation on responsibility for defraying costs of defense.

The township shall not defray the cost of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the Township of Colts Neck, and, in those circumstances, the responsibility for defraying the cost of defending such employee shall be applicable only when such criminal proceeding shall have been dismissed or resulted in a final disposition in favor of the employee. However, should the township determine that there is good cause to dismiss the employee, arising out of the incident or related incidents of the criminal prosecution, the township will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.

§ 17-3 Limitation on township's responsibility to defend and indemnify.

[Amended 12-12-1991]

The obligation of the Township of Colts Neck to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the township itself would be liable for the acts of its employees under the doctrine of respondeat superior, except that the township shall defend any such officer or employee sued under the Federal Civil Rights Act, provided that the Township Committee shall not have concluded that such act or omission was outside the scope of the responsibilities of said officer or employee.

A. The township shall not defend and save harmless any employee committing a willful and/or wanton act or willful and/or wanton omission arising out of or in the course of the performance of the duties of such office, position or employee.

B. Specifically excluded from the provisions of this chapter are the following classes of employees or former employees:

(1) Any part-time professional municipal employee or official providing contractual services for the township, such as the Township Attorney, the Planning Board Attorney, the Attorney for the Zoning Board of Adjustment, the Township Engineer and the Township Auditor, insofar as said action arises out of or concerns those professional services. Nothing herein, however, shall be construed as preventing the Associate Township Planner from receiving the benefits set forth in this chapter.

(2) Any municipal employee or official providing any form of professional medical services, such as doctors and nurses, insofar as said civil action arises out of or concerns the professional medical services.