[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 22 of the 1993 Code. Amendments
noted where applicable.]
It is the policy of the Township of Manalapan to provide full and complete
protection to all its officials, officers, employees and board members from
and against any and all suits, claims and demands with regard to their respective
activities arising out of and related to their public duties and public employment
to the maximum extent permitted by law.[1]
[1]
Editor's Note: See N.J.S.A. 59:10-4 for power of local entities
to indemnify local public employees.
Whenever any civil action has been or shall be brought against any person
holding office, position, employment or board membership under the jurisdiction
of the Township of Manalapan for any act or omission arising out of and in
the course of the performance of the duties of such office, position, employment
or board membership, 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 person from any
financial loss resulting therefrom. Said defense shall be provided by the
Township Attorney. When the Township Attorney is unable to participate in
that defense, the official, officer, employee or board member shall have the
name of the person of his or her choice submitted to the Township for approval
and agreement as to the cost of services. In the event that any official,
officer, employee or board member engages an attorney without the approval
of the Township and an agreement as to the cost of services, any and all costs
shall be the responsibility of that official, officer, employee or board member.
Whenever any criminal action is instituted against any person holding
office, position, employment or board membership under the jurisdiction of
the Township of Manalapan for any act or omission and should such proceeding
be dismissed or result in a final disposition in favor of such person as to
all charges, the Township shall reimburse such person for the cost of defending
such proceeding, including reasonable counsel fees and expenses, together
with costs of appeal, if any. Prior to engaging counsel for defense, the official,
officer, employee or board member shall have the name of the person of his
or her choice submitted to the Township for approval and agreement as to the
cost of services. In the event that any official, officer, employee or board
member engages an attorney and makes an agreement as to the cost of services
without the approval of the Township, any and all costs shall be the responsibility
of that official, officer or employee.
Notwithstanding anything to the contrary set forth in §§ 9-1 and 9-2 hereinabove, the Township shall not be responsible for indemnification under the following conditions:
A.
The judgment or settlement of the civil cause of action
relates to a claim based upon willful fraud, malice or misconduct.
B.
The judgment calls for punitive or exemplary damage.
Only that portion of a judgment based on compensatory damages shall be indemnified.
C.
Any insurance coverage is available for payment.
