[Amended 12-4-2023 by Ord. No. 2023-32]
Consistent with the provision of N.J.S.A. 59:10-4
and the Tort Claims Act, the Township of Woolwich shall indemnify and hold its
current and former employees, elected officials and/or appointees
of the Joint Land Use Board (JLUB) harmless against any judgment for
exemplary or punitive damages incurred by them in the defense of an
action resulting from the employee's, elected official's or JLUB appointee's
civil violation of state or federal law, including fees and costs
and attorneys' fees, up, through and including any appeals, subject
only to the conditions set forth below:
A. The employees, elected officials, and/or appointees
of the JLUB of the Township of Woolwich must notify the Township of
Woolwich as soon as possible as to any action threatened against the
employee, elected official and/or JLUB appointee.
B. The Township of Woolwich reserves the option to defend
an employee, elected official or JLUB appointee of the Township of
Woolwich or provide the employee, elected official or JLUB appointee
with the means for a defense or indemnify the employee, elected official
and/or JLUB appointee for his/her defense.
C. If the Township
of Woolwich provides for the defense of any action for an employee,
elected official or JLUB appointee, as a condition of such defense,
the Township may assume exclusive control over the representation
of such person defended and such person shall cooperate fully with
the Township.
D. The indemnification shall apply to any action, statements,
conduct or any action in which the employee, elected official and/or
JLUB appointee is involved giving rise to the lawsuit, claim, cross
claim, counterclaim and demand, even if it is later decided by a judge
or jury to have been unlawful or improper as to the plaintiff; provided,
however, that this indemnification shall not apply and shall be totally
void and have no effect with respect to any action, statements, conduct
or inaction of an employee, elected official and/or JLUB appointee
giving rise to any such lawsuit, claim and demand:
(1) That was not within the scope of the employee's employment,
elected official or JLUB appointee capacity;
(2) If the act or omission was due to actual fraud, willful
misconduct or actual malice; or
(3) That constituted a crime.
E. In the event that it is ultimately determined that the employee, elected official and/or JLUB appointee of the Township of Woolwich cannot be indemnified as per Subsection
D above, then the employee, elected official and/or JLUB appointee agrees to reimburse the Township of Woolwich for monetary amounts, fees and costs, including attorneys' fees, which have been advanced or provided by the Township of Woolwich to the employee/elected official or on the public employee's, elected official's and/or JLUB appointee's behalf.