A.
Required. Every officer or employee of the Township
who, by virtue of his or her office or position, is entrusted with
the receipt, custody or expenditure of public moneys or funds, and
any other officer or employee who may be required to do so by the
Council, before entering upon the duties of his or her office or position,
shall execute and deliver a surety bond in such amount as may be fixed
by resolution of Council, binding him or her to the Township in its
corporate name and conditioned upon the true and faithful performance
of his or her duty. Each officer or employee required by law to give
bond shall execute such a bond with sufficient surety and deliver
the same to the Township Clerk, except that the Clerk shall deliver
his or her bond to the Chief Financial Officer before he or she enters
upon the discharge of the duties of his or her office or employment.
B.
Failure to execute bond. If any officer or employee
shall neglect to execute or deliver his or her bond as herein required
within 30 days after due notification of his or her election or appointment,
his or her office may be declared vacant by the Council.
C.
Approval of bond; payment of premium. In every case
in which any person is required by the laws of the state or by any
ordinance of the Township to give a bond for the faithful performance
of his or her duties, such bond shall be secured by a corporate surety
authorized to do business in this state and the premium therefor shall
be paid by the Township. Each such bond shall be approved by the Department
of Law as to form and by the Auditor as to sufficiency.
A.
No officer or employee elected or appointed in the
Township shall be interested, directly or indirectly, in any contract
with the Township or in the compensation for work done or for materials
or supplies furnished to the Township, nor shall he or she participate
in any profits of such contractor or other person or receive any compensation,
commission, gift or other reward for his or her services, except the
salary or fees established by law or by ordinance or resolution of
the Council.
B.
No officer or employee elected or appointed in the
Township shall accept or solicit anything of value as consideration
for or in connection with the discharge of his or her official duties
other than the fee or compensation prescribed by law.
C.
Any officer or employee who violates any provision
of this section or of any statute or ordinance relating to conflict
of interests shall be deemed guilty of misconduct in office and liable
to removal from office therefor.
A.
Authority of department head. Each department head
shall have the power, except as otherwise specifically provided by
law, to appoint, remove and suspend subordinate officers and employees
within the department, subject to applicable civil service rules and
regulations.
B.
Grievance procedures. The Business Administrator shall
establish an employee grievance procedure, to be employed by each
department head. The procedure shall be designed to complete the grievance
procedure within the department, but shall also contain the provision
that, in the event that the grievance cannot be disposed of within
the department, the Administrator, by an established employee grievance
committee, consisting of five officers and employees of the Township,
shall hear, review and adjust informally such grievances that any
employee or department head may present to it.
Upon the termination of the term of office or
the employment of any officer or employee, he or she shall forthwith
deliver to his or her successor, or if there be no successor, to the
Clerk or other person who may be designated by the Council to receive
the same, all moneys, papers, books, memoranda, accounts and any data
of any nature whatever pertaining to his or her office.
The public, administrative and executive business
offices of the Township shall be open for transaction of public business
daily, except Saturdays and Sundays and legal holidays, between the
hours as the Mayor may prescribe with the approval of the Council,
except as otherwise provided by law. All departments, in time of emergency,
shall provide municipal services or work on any day or days whenever
the Mayor determines that a public exigency or emergency so requires.
A.
Authorization of indemnification. Pursuant to N.J.S.A.
59:10-4, the Township of Delran does hereby authorize indemnification
of any person now or in the future holding any office, position or
employment, elective or appointive, hereafter referred to as an "employee."
B.
Provision of defense for employees. 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 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 the failure
to act does not arise out of actual fraud, willful misconduct or actual
malice.
C.
Provision of indemnification of employees. The Township
shall indemnify and save harmless each employee from financial loss
resulting from any action described above in this section, including
claims, losses, expenses, judgments, fines, attorney 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. Nothing herein shall
authorize the Township to pay for damages resulting from the commission
of a crime. However, the Township is required to indemnify and save
harmless each employee from financial loss resulting from any action
described above, including punitive or exemplary damages.
D.
EMPLOYEE
(1)
(2)
(3)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Shall apply to all employees irrespective of
the number of hours worked per week.
Shall include each 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.
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 section.
E.
Employment of legal counsel and expert and technical
personnel. The Township may employ legal counsel and expert or technical
personnel to provide a defense, pursuant to this section, and may
purchase appropriate insurance as protection against any liability
arising under this section.
F.
Conditions.
(1)
An employee shall not be entitled to indemnification
or the cost of defense under this section unless, within 10 days of
the time such employee is served with any summons, order to show cause,
complaint, process, notice, demand or pleading, he delivers the same
or a copy thereof to the Township Clerk to forthwith notify the Mayor
and Township Attorney thereof, provided that such time period may
be extended for cause by the affirmative vote of a majority of the
full membership of the Township Council.
(2)
An employee requesting defense of any action or claiming
indemnification under this section shall cooperate fully and in good
faith with the Township and with any attorneys, adjusters, investigators
or expert or technical personnel engaged for this purpose, in the
preparation and presentation of a defense to such action or the settlement
or other disposition thereof. If the employee neglects, fails or refuses
to cooperate as aforesaid, the Township Council, after a hearing on
10 days' written notice to the employee and for cause, may declare
all rights created under this section for the benefit of such employee
to be forfeited and terminated by the affirmative vote of a majority
of the full membership of the Township Council.
