[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The means by which a public employee may respond to any suit, allegation,
or cause of action. The Township of Little Egg Harbor shall provide for the
defense of any action, suit or proceeding, whether civil, criminal, administrative,
or investigative, including a cross action, counterclaim, or cross complaint
against any public employee because of any act or omission of such public
employee in the scope of his or her employment, and shall defray all costs
of defending such action, including reasonable counsel fees and expenses,
together with costs of appeal, if any, excepting actions, suits or proceedings
brought by the Township of Little Egg Harbor against such public employee.
Expressly exempted from this chapter are any charges, allegations, or actions
of any nature asserted by the Township of Little Egg Harbor against its own
public employee.
To secure against future loss or damage, or to provide compensation
for or repair loss or damage already suffered; to insure; to save harmless.
Any employee of the Township of Little Egg Harbor, or any elected
or appointed official, or any officer, employee, or servant, whether or not
compensated, who is authorized to perform any act or service for the Township
of Little Egg Harbor. The term "public employee" shall also include persons
formerly holding office or employment, provided the events giving rise to
a cause of action or claim hereunder conform to the requirements herein established.
Subject to the limitations set forth in the subsequent sections of this
chapter, whenever any civil action has been, or shall be, brought against
any public employee holding or formerly holding any office, position, or employment
with the Township of Little Egg Harbor, for any action or omission arising
out of or in the course of the performance of the duties of such office, position,
or employment, 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 persons from any financial
loss resulting from the litigation. The Township Attorney, or another attorney
selected by the Township Committee, shall represent the Township official
or employee.
The Township shall not defray the costs of defending any criminal action
against any public employee, except as may be authorized by state statute
or other municipal ordinance or resolution of the Township of Little Egg Harbor,
and in those circumstances, the responsibility for defraying the costs of
defending such public employee shall be applicable only when such criminal
proceedings shall have been dismissed or result in a final disposition in
favor of the public employee. However, should the Township determine that
there is good cause, arising out of the incident or related incidents of the
criminal prosecution, to dismiss the public employee, the Township will not
reimburse the public employee for legal defense and/or the costs of defending
the suit, even though criminal proceedings against the public employee may
be dismissed or the public employee is found not guilty.
A.Â
The obligation of the Township of Little Egg Harbor to
defend and indemnify its public employees for acts or omissions arising out
of, or during the course of, the performance of the duties of said public
employee, shall be limited to those circumstances under which the Township
itself would be liable for the acts of its public employees under the doctrine
of respondeat superior, except that the Township shall defend any such public
employee sued under the Federal Civil Rights Act, provided that the Township
Committee shall not have concluded that such act or omission was outside the
scope of the responsibilities of said public employee.
B.Â
The Township shall not defend and save harmless any public
employee committing an intentional or willful act or willful omission arising
out of, or in the course of, the performance of the duties of such office,
position, or employment.
C.Â
Any public employee providing any form of professional
medical service, such as a doctor or nurse, is specifically excluded from
the provisions of this chapter insofar as said civil action arises out of,
or concerns, those professional medical services.
D.Â
The Township shall not be responsible for the defense
or indemnification of any public employee of the Township, when the Township
Committee has determined that:
(1)Â
The act or omission was not within the scope of employment.
(2)Â
The act or failure to act was because of actual fraud,
willful misconduct, or actual malice.
(3)Â
The defense of the action or proceeding would create
a conflict of interest between the Township and the public employee.
(4)Â
The defense of the action or proceeding is provided for
by an insurance policy, or policies, whether obtained by the Township or by
any other person.
(5)Â
The public employee failed to deliver to the Township
Administrator within 10 calendar days after the time he or she is served,
the original or copy of any summons, complaint, process, notice, demand, or
pleading.
(6)Â
The public employee has failed to cooperate fully with
the defense.
Whenever the Township provides any defense required of it under this
chapter, the Township, through counsel, may assume exclusive control over
the representation of the public employee, and such employee shall cooperate
fully with the defense.
A.Â
In any case where the Township is required to provide
a defense under this chapter, the Township shall pay or shall reimburse the
public employee for:
(1)Â
Any bona fide settlement agreements entered into by the
public employee.
(2)Â
Any judgments entered against the public employee.
(3)Â
If the Township has failed to provide such required defense,
all costs of defending the action, including reasonable counsel fees and expenses,
together with costs of any appeal.
B.Â
In addition, in any case where the Township would be
required to provide a defense under this chapter except for the fact that
such defense is provided for by insurance, the Township shall provide indemnification
as aforesaid, but only to the extent not covered by insurance.
Nothing in this chapter shall authorize the Township to pay for punitive
or exemplary damages, or damages resulting from the commission of a crime.
