[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 2-18-1986 as Ord. No. 979. Amendments noted where
applicable.]
It is the intent and purpose of this chapter
to provide for the defense of actions against and the indemnification
of certain public officials as permitted by N.J.S.A. 59:10-1 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person elected or appointed to any municipal office,
public body or agency of the Township of Wyckoff, whether such person
serves in a paid or unpaid capacity.
The Township shall provide for the defense of
any action brought against a public official on account of any act
of omission arising out of or incidental to the performance of his
duties, and this obligation shall extend to any cross action, counterclaim
or cross complaint against such public official.
[Amended 3-17-2020 by Ord. No. 1906]
Pursuant to N.J.S.A. 59:10-4, the indemnification
and defense provided for in this chapter shall include exemplary or
punitive damages resulting from the employee's civil violation of
state or federal law if, in the opinion of the Wyckoff Township Committee,
the acts committed upon which the damages are based did not constitute
actual fraud, actual malice, willful misconduct or an intentional
wrong.
The Township may provide any defense required
of it under this chapter through an attorney from its own staff or
by employing other counsel. The Township shall in no event be responsible
for the cost or attorney's fees incurred by anyone unless it shall
have agreed in writing to the terms of the representation.
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 official,
and such official shall cooperate fully with the defense.
A.Â
In any case where the Township is required to provide
a defense under this chapter, the Township shall pay or shall reimburse
the public official for the following:
(1)Â
Any bona fide settlement agreement entered into by
the Township on behalf of the employee.
(2)Â
Any judgments entered against the employee.
(3)Â
If the Township has failed, after reasonable notice,
to provide such required defense, all reasonable costs of defending
the action, including reasonable counsel fees and expenses, together
with the costs of any appeal.
B.Â
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.
C.Â
Nothing in this chapter shall authorize the Township
to pay for punitive or exemplary damages or damages resulting from
the commission of a crime.
D.Â
In the event that this chapter conflicts with any
existing or future negotiated contract with the Township of Wyckoff,
the terms of the contract shall govern.
This chapter shall take effect immediately upon
final passage and publication as required by law.
