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 employees
and/or elected officials harmless against any judgment for exemplary or punitive
damages incurred by them in the defense of an action resulting from the employee's
and/or elected official'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 and/or elected officials 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.
B. The Township of Woolwich reserves the option to defend
an employee/elected official of the Township of Woolwich or provide the employee/elected
official with the means for a defense or indemnify the employee/elected official
for his/her defense.
C. The indemnification shall apply to any action, statements,
conduct or any action in which the employee/elected official is involved giving
rise to the lawsuit, claim 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, giving rise to any such lawsuit, claim and demand:
(1) That was not within the scope of the employee's employment
or elected official's capacity;
(2) If the act or omission was due to actual fraud, willful
misconduct or actual malice; or
(3) That constituted a crime.
D. In the event that it is ultimately determined that the employee/elected official of the Township of Woolwich cannot be indemnified as per Subsection
C above, then the employee/elected official 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 behalf.