As used in this chapter, the following terms shall have the meanings
indicated:
OFFICIAL or MUNICIPAL OFFICIAL
A present or former municipal employee, appointee, official, elected
official or member of the various boards, agencies and commissions of the
Township of Hardyston, Sussex County, New Jersey.
The Township Council shall not approve indemnification of the defense
of any action if:
A. The act or omission complained of was not within the
scope of employment or authority;
B. The act or omission complained of was because of actual
fraud, willful misconduct or actual malice;
C. The defense of the action or proceeding would create
a conflict of interest between the township and the official involved;
D. There exist policies of insurance, either obtained by
the township or by another, by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer;
E. The municipal official has failed to deliver to the Township
Council, within 10 days of the time he or she is served with any summons,
complaint, process, notice, demand or pleading, the original or copy of such
document, or thereafter fails to cooperate with the township in the defense
of the matter;
F. The official fails to request the defense of any action;
G. The action was brought by the township.
If the Township Council determines to provide a defense as authorized
in this section, it may do so by:
B. Hiring an attorney of its choice and paying the same
directly; or
C. Reimbursing the municipal official for reasonable attorney's
fees expended or obligated to be expended by such official in the defense
of the act.
In addition to the provisions hereof, all officials of the township
shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1
et seq. and N.J.S.A. 59:10A-1 et seq.