[HISTORY: Adopted by the Township Council
of the Township of Stafford 2-26-1985 by Ord. No. 85-19. Amendments
noted where applicable.]
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 person (hereinafter referred
to as "employee") holding or formerly holding any office, position
or employment with the Township of Stafford 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 much 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
thy the Mayor, with the advice and consent of the Township Council,
shall represent the Township official or employee.
The Township shall not defray the costs of defending
any criminal action against any municipal employee, except as may
be authorized by state statute or other municipal ordinance or resolution
of the Township of Stafford, and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
Township determine that there is good cause to dismiss the employee
arising out of the incident or related incidents of the criminal prosecution,
the Township will not reimburse the employee or official for legal
defense and costs of defending the suit, even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
A.
The obligation of the Township of Stafford 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, except that the Township shall defend any such
officer or employee sued under the Federal Civil Rights Act, provided
that the Mayor and/or Council shall not have concluded that such act
or omission was outside the scope of the responsibilities of said
officer or employee.
B.
Furthermore, the Township shall not defend and save
harmless any 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.
Also specifically excluded from the provisions of
this chapter is any municipal employee or official providing any form
of professional medical services, such as a doctor and nurse, insofar
as said civil action arises out of or concerns those professional
medical services.
D.
The Township shall not be responsible for the defense
or indemnification of any official or employee of the Township, when
the Township Council has determined that:
(1)
The act or omission was not within the scope of employment.
(2)
The act or failure to act was because of actual fraud,
willful misconduct or actual malice.
(3)
The defense of the action or proceeding would create
a conflict of interest between the Township and the public employee.
(4)
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)
The public employee failed to deliver to the Township
Administrator, within 10 calendar days after the time he is served
with any summons, complaint, process, notice, demand or pleading,
the original or a copy of the same.
(6)
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.
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)
Any bona fide settlement agreements entered into by
the employee.
(2)
Any judgments entered against the employee.
(3)
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.
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.
