Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 78-91 (Sec. 2A-6 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 33.
Pursuant to N.J.S.A. 59:10-4, the Township of Lower does hereby indemnify and hold harmless its present and former employees, appointees, and elected officials from any liability arising out of acts performed by them, or any of them, during the ordinary course of their duties and within the scope of their employment or authority.
Pursuant to the provisions of § 25-1 hereof, the Township of Lower shall provide for the defense of any action brought against any such employee, appointee, or elected official on account of an act or omission within the scope of his employment or authority.
The Township shall retain the right to maintain a cross action, counterclaim, or cross-complaint against any employee, appointee, or elected official indemnified pursuant to this chapter.
The Township may refuse to provide for the defense of an action against a present or former employee, appointee, or elected official, if it shall determine that:
A. 
The act or omission complained of was not within the scope of employment or authority; or
B. 
The act or the failure to act was because of actual fraud, willful misconduct or actual malice.
In any other action or proceeding, including criminal proceedings, the Township may provide for the defense of a present or former employee, appointee, or elected official if, in the sole discretion of the Township Council, the Township Council concludes that such representation is in the best interest of the Township.
Whenever the Township provides for the defense of a present or former employee, appointee, or elected official pursuant to this chapter, the Township retains the right to assume exclusive control over the representation of such present or former employee, appointee, or elected official, and such present or former employee, appointee, or elected official shall cooperate fully with the Township in its defense. Failure of the present or former employee, appointee, or elected official to cooperate fully with the Township in its defense shall release the Township from any and all obligation under this chapter to indemnify the present or former employee, appointee, or elected official.
The Township may provide for a defense pursuant to this chapter by the Township Solicitor, or by employing other counsel for this purpose, or by asserting the Township's right under any appropriate insurance policy which requires the insurers to provide the defense.
The Township shall have the sole and exclusive right to settle and otherwise adjust any action which it is called upon to defend pursuant to this chapter without the approval of the effected present or former employee, appointee, or elected official. In the event that the present or former employee, appointee, or elected official shall object to any proposed settlement or adjustment of an action defended by the Township pursuant to this chapter, the Township may, in its sole discretion, permit the present or former employee, appointee, or elected official to assume the defense of the action. In such event, however, the present or former employee, appointee, or elected official shall execute a written document releasing the Township from any and all obligation to indemnify and hold harmless said present or former employee, appointee, or elected official pursuant to this chapter. The Township expressly retains the right to reject the objections of the present or former employee, appointee, or elected official and to settle or adjust any action if, in the opinion of the Township, it is in the best interest of the Township to do so.