As used in this chapter, the following terms
shall have the meanings indicated:
OFFICIAL or MUNICIPAL OFFICIAL
A present or former municipal employee, appointee, official,
elected official or member of any of the various boards, agencies
and commissions of the Township of Bloomfield, Essex County, New Jersey.
The Township Council shall not approve indemnification
or the defense of any action if:
A. The act or omission complained of was not within the
scope of employment or authority.
B. The act or omission complained of was because of actual
fraud, willful misconduct or actual malice.
C. The defense of the action or proceeding would create
a conflict of interest between the Township and the official involved.
D. There exist policies of insurance, either obtained
by the Township or by another, by virtue of which the municipal official
is entitled to a defense of the action in question from the insurer.
E. The municipal official has failed to deliver to the
Township Administrator, within 10 days of the time the official is
served with any summons, complaint, process, notice, demand or pleading,
the original copy of such document or thereafter fails to cooperate
with the Township in the defense of the matter.
F. The official fails to request the defense of any action.
G. The action was brought by the Township.
If the Township Council determines to provide
a defense as authorized in this chapter, it may do so by a member
of its Law Department, hiring an attorney of its choice and paying
the same directly or reimbursing the municipal official for reasonable
attorney's fees expended or obligated to be expended by such official
in the defense of the act.
In addition to the provisions hereof, all officials
of the Township shall be entitled to defense and indemnification as
provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.