[HISTORY: Adopted by the Township Committee of the Township of Pennsauken
3-24-1986 by Ord. No. 86-13. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 52.
It is the legislative intent of the Township Committee of the Township
of Pennsauken to indemnify all employees and appointed and elected officials
of the Township of Pennsauken from claims and/or alleged wrongdoing resulting
from their appointment and service as officials of the Township of Pennsauken
in the course of their service and appointment, election or employment thereof.
The Township of Pennsauken shall cover and indemnify municipal employees
and appointed and elected municipal officials for any claims or claim first
made against them because of a wrongful act, provided that said claim and/or
wrongful act occurred or accrued during the course of and arose out of their
appointment or employment with the Township of Pennsauken.
The Township of Pennsauken shall pay on behalf of the aforesaid and
hereinbelow defined municipal employees and/or officials for all losses which
said officials and/or employees shall be legally obligated to pay for any
civil claim or claims first made against them because of a wrongful act, provided
that the claim is made for an occurrence or claim which occurred or accrued
during the period of their appointment and/or employment with the Township
of Pennsauken. In the event that a lawsuit is filed against said official
and/or employee, legal counsel shall be retained by the Township at no expense
to the said employee and/or official.
The Township Committee shall indemnify and pay on behalf of any loss
arising from any civil claim or claims made against the estate, heirs, legal
representatives or assigns of any municipal employee or public official who
are acting in the aforesaid capacity at the time of their appointment or employment
with the Township of Pennsauken.
As used in this chapter, the following terms shall have the meanings
indicated:
Those persons appointed or employed by any board, commission or unit
of Pennsauken Township which is defined below. "Municipal employee" or "municipal
official" shall not mean and does not apply to any person working on a retainer
or contractual agreement generally known as an "independent contractor."
All persons who were, now are or shall be lawfully elected or lawfully
appointed members of any board, commission or authority of the Township of
Pennsauken and shall include such members of such commissions, boards or other
units operated by and under the jurisdiction of such governing body and within
an appointed total operating budget, including but not limited to the Planning
Board, Environmental Commission, Zoning Board, Pennsauken Golf Course Utility
and the Pennsauken Citizens Advisory Commission.
Any actual error, misstatement or misleading statement or act or
omission or neglect or breach of duty, including misfeasance, malfeasance
and nonfeasance, by a municipal employee or official as public official or
employee of the Township of Pennsauken.
In the event that a Township employee or official, as defined in § 28-5 above, is indicted or otherwise charged with a criminal or quasi-criminal offense, and in the further event that said individual is acquitted or, in the alternative, if the charges are dropped, dismissed with prejudice by the prosecuting authority, then and only in these two events shall the Township Committee indemnify said individual for legal fees and accrued back salary owed to the individual by virtue of a suspension, if applicable. This section creating indemnification shall only apply in those criminal or quasi-criminal matters which arise out of or occur in the course of the municipal employee's or official's appointment with the Township of Pennsauken. In the event that any criminal or quasi-criminal charge is filed against said municipal official or municipal employee, as defined in § 28-5, which do not arise out of the employment or appointment with the Township of Pennsauken, no indemnification coverage will be issued by the Township of Pennsauken.
