[HISTORY: Adopted by the Township Council of the Township
of Eastampton 6-17-1980 by Ord. No. 1980-10 (Ch. 11 of the 1974
Township Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
Except as hereinafter provided, the Township of Eastampton,
hereinafter known as the "Township," shall, upon the request of any
present or former official, employee or appointee of the Township,
consider providing for indemnification and legal defense of any civil
action, with or without reservations and/or contingencies, brought
against said person or persons arising from an act or omission legitimately
arising out of the performance and within the scope of their public
duties, provided same is not otherwise in conflict with other provisions
of this chapter, Township policies or law.
The terms of this chapter and the definitions of "official,"
"employee" and "appointee" are to be construed liberally in order
to effectuate the purposes of this chapter, except that these terms
shall not mean:
A.
Any person who is not a natural person;
B.
Any person while providing goods or services of any kind under any
contract with the Township, except an employment contract;
C.
Any person while providing legal or engineering services for compensation,
unless said person is a full-time employee of the Township; and
D.
Any person or entity who, as a condition of his or her appointment
or contract, is required to indemnify and defend the Township and/or
secure insurance.
The Township shall provide for defense of and indemnify any
present or former official, employee or appointee of the Township
who becomes a defendant in a civil action if the person or persons
involved:
A.
Acted or failed to act in a matter in which the Township has or had
an interest;
B.
Acted or failed to act in the discharge of a duty imposed or authorized
by law; and
C.
Acted or failed to take action in good faith. For purposes of this
chapter, the duty and authority of the Township to defend and indemnify
shall extend to a cross-claim or counterclaim against said person.
The Township shall not indemnify any person against the payment
of punitive damages, penalties or fines, but may solely arrange for
the legal defense of such claims in accord with the standards set
forth herein. The Township may refuse to provide for the defense and
indemnification of any civil action referred to herein if it is determined
that:
A.
The act or omission did not occur within the scope of a duty authorized
or imposed by law;
B.
The act or failure to act was the result of actual fraud, willful
misconduct or actual malice of the person requesting defense and indemnification;
or
C.
The defense of the action or proceeding by the Township would create
a conflict of interest between the Township and the person or persons
involved.
In any other action or proceeding, including criminal proceedings,
the Township may provide for the defense of a present or former official,
employee or appointee, if the Eastampton Township Council concludes
that such representation is in the best interest of the Township and
that the person to be defended under the overall circumstances presented
to it fit the purposes and intent of this chapter, Township policies
and law.
Whenever the Township provides for the defense of any action
set forth herein, and as a condition of such defense, the Township
may assume exclusive control over the representation of such persons
defended, and such person shall cooperate fully with the Township
and/or its legal counsel.
The Township may provide for the defense pursuant to this chapter
by authorizing an attorney to act on behalf of the person being defended
or by employing other counsel for this purpose or by asserting the
right of the Township under any appropriate insurance policy that
requires the insurer to provide defense.
