Pursuant to said statutory authority and subject to and consistent with
the provisions of said New Jersey Tort Claims Act, the Township hereby indemnifies its employees, appointees and officials and former employees, appointees and officials in accordance with the indemnification provisions applicable by statute to all state employees, except with respect to liability for any act or omission described in §
12-3 of this chapter.
Indemnification under this chapter shall apply to the following, among
other things, the listing of which is not intended to limit in any way the
scope of indemnification:
A. Liability for an injury resulting from the exercise of
judgment or discretion vested in an employee, appointee of official or a former
employee, appointee or official.
B. Liability for legislative or judicial action or inaction
or administrative action or inaction of a legislative or judicial nature.
C. Liability for the exercise of discretion in determining
whether to seek or whether to provide the resources necessary for the purchase
of equipment, the construction or maintenance of facilities, the hiring of
personnel and, in general, the provision of adequate governmental services.
D. Liability for the exercise of discretion when, in the
face of competing demands, an employee, appointee of official determines or
a former employee, appointee or official determined whether and how to utilize
or apply existing resources, including those allocated for equipment, facilities
and personnel.
E. Liability arising out of the acts or omissions of an
employee, appointee or official or a former employee, appointee or official
in carrying out his or her ministerial functions.
[Amended 6-22-1992 by Ord.
No. 1992-5]
Indemnification under this chapter shall not apply, however, to any
liability for an act or omission constituting a crime, actual fraud, actual
malice or willful misconduct. "Willful misconduct," as used in this chapter,
includes but is not limited to acting knowingly and clearly outside the scope
of one's authority. The provisions of N.J.S.A. 59:10-4, regarding civil violations
of state or federal law, shall also be applicable.
The indemnity provided by this chapter shall apply only in excess of
all insurance, regardless of the ownership of such insurance, against any
loss or losses covered by the indemnity provided by this chapter.
The Township shall defend every employee, appointee and official and
former employee, appointee and official indemnified under the terms of this
chapter to the greatest extent permitted by law, provided that said employee,
appointee or official or former employee or official reasonably cooperates
in his or her own defense. Said employee, appointee or official or former
employee, appointee or official may join his or her own defense, provided
that he or she does so at no cost or expense to said Township, and provided
further that the joining in said defense does not materially interfere with,
delay, impede or weaken the defense provided by the Township under the terms
of this chapter.