[HISTORY: Derived from Section 2-16 of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
Municipal Court — See Ch. 6.
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.
A. 
The Township of Hardyston is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth, and shall save harmless and protect such persons from any financial loss resulting from litigation.
B. 
The obligation of the Township of Hardyston to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the township itself would be liable for the acts of its employees under the doctrine of respondeat superior.
A. 
The township shall defray the costs of defending any criminal action against any official, provided that:
(1) 
It is authorized by state statute, municipal ordinance or by resolution, and provided that the criminal proceedings have been dismissed or result in a final disposition in favor of the official.
(2) 
The Township Council determines that there is no good cause to dismiss the official arising out of the incident or related incidents of the criminal proceedings.
B. 
The township shall provide for the defense of any criminal action against any official, provided that:
(1) 
It is authorized by state statute, municipal ordinance or by resolution and such defense is not herein otherwise limited.
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:
A. 
The Township Attorney;
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.