[Adopted 5-3-2011 by Ord. No. 11-07]
The purpose of this chapter is to provide a uniform policy respecting
reimbursement procedures for civil lawsuits and criminal charges brought
against elected municipal officials and employees, including police
officers, of the Township of Pohatcong (collectively identified for
purposes of this chapter as "municipal official" or "official").
Whenever a civil or criminal action is instituted against an
elected municipal official or employee for any act or omission arising
out of and in the course of, and within the scope of, the 17-1/performance
of the duties of such office, the Township shall defray the cost of
defending such action as set forth below. The Township's obligation
hereunder shall be limited to those cases in which:
A. In civil matter:
(1) The official was acting in a matter in which the Township had an
interest; and
(2) The official was acting in the discharge of a duty imposed or authorized
by law; and
(3) The official was acting in good faith; and
(4) The official is a named defendant in a matter pending before a court
of competent jurisdiction.
B. In criminal matter:
(1) The official/employee was acting in a matter in which the Township
had an interest; and
(2) The official was acting in the discharge of a duty imposed or authorized
by law; and
(3) The official was acting in good faith; and
(4) The official is a named defendant in a matter pending before a court
of competent jurisdiction.
(5) The criminal proceeding is dismissed or results in a final disposition
in favor of the official.
If the elected municipal official is entitled to reimbursement
as set forth in this chapter, the attorney fees shall be reimbursed
at a reasonable rate, said rate not to exceed the hourly litigation
rate of the Township Attorney. With respect to civil litigation, the
Township in its sole discretion can satisfy its defense obligations
to a municipal official by assigning the Township Attorney, special
counsel and/or insurance defense counsel to represent the municipal
official in any eligible civil litigation. The refusal of a municipal
official to accept counsel designated by the Township shall preclude
further reimbursement under this chapter.
These provisions shall have no application to any action, suit,
or proceeding brought by the Township against any municipal official.
The Township's obligation to provide for the defense and/or
indemnification of any municipal official as set forth in this chapter
shall, unless mandated by statute, be subject to the availability
of sufficient funds, which said determination and the appropriation
of which shall be undertaken by appropriate ordinance or resolution
in the sole discretion of the Township Council.