Township of Weymouth, NJ Defense and Indemnification

Any person elected or appointed to a public office, board or commission of the Township of Weymouth, or employed or retained by the Township for any office, commission or board thereof, whether such person serves in a paid or unpaid capacity; provided, however, that these terms do not include independent contractors employed by the Township.

§ 30-2 Civil actions.

Whenever an official, officer or employee of the Township of Weymouth is a defendant in any civil action or legal proceeding arising out of or incidental to the performance of his or her duties, the Township shall provide the official, officer or employee with the necessary defense or, at the Township's option, a means for defense of such action or proceeding, and shall hold such official, officer or employee harmless and indemnify him or her from the payment of any settlement or judgment resulting from the proceeding except in the following situations:

Where the action has been brought by the Township itself against said official, officer or employee.

Where the official, officer or employee has been specifically found by the court in the proceedings to have acted with actual fraud, actual malice or willful misconduct; or has been found guilty of a crime.

Where the official, officer or employee is found to have acted in violation of any code of ethics now or later adopted by the Township.

§ 30-3 Criminal actions.

Wherever an official, officer or employee of the Township is a defendant in any criminal action or legal proceedings arising out of or incidental to the performance of his or her duties and in the event that said action or legal proceedings is dismissed or finally determined in favor of the official, officer or employee, he or she shall be reimbursed for the expense of defense.

§ 30-4 Limitations.

The providing of a defense and indemnification referred to in §§ 30-2 and 30-3 above shall be refused by the Township if it is the determination of the Township Committee that:

The act or omission was not within the scope of the person's employment or official duties;

The act or failure to act was because of actual fraud, willful misconduct or actual malice or intentional wrongdoing; or if the act or failure to act constitutes an actual crime;

The defense of the action or proceedings by the Township would create a conflict between the Township and the official, officer or employee;

There exist policies of insurance, either obtained by the Township or by another, by virtue of which the official, officer or employee is entitled to a defense of the action in question from the insurer;

It is not deemed appropriate, pursuant to the authority contained in N.J.S.A. 59:10-1 et seq.;

The public official, officer or employee has failed to cooperate fully with the defense provided by the Township; or

The official, officer or employee has failed to deliver to the Township Clerk 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.

§ 30-5 Method of providing a defense.

The Township may provide any defense required of it pursuant to this chapter through any attorney selected by the Township.

§ 30-6 Control over litigation.

Whenever the Township provides the defense of a Township official, officer or employee pursuant to this chapter, the Township may assume exclusive control of the representation of such official, officer or employee, and such official, officer or employee shall cooperate fully with the Township's defense.

§ 30-7 Counsel fees.

Counsel fees to be paid outside counsel for legal services in defense of an official, officer or employee shall be established by Township Committee through resolution.