Long Beach Township will legally defend not
only itself as a town, but will also defend its officials and employees
when an individual is personally sued for something related to, or
done in the course of, their work for the Township.
Except as hereinafter provided, the Township
of Long Beach, hereinafter known as the Township, shall, upon the
request of any present or former official, employee or appointee of
the Township, provide for indemnification and legal defense of any
civil action brought against said person or persons arising from an
act or omission falling within the scope of their public duties.
The Township shall not indemnify any person
against the payment of punitive damages, penalties, or fines, but
may provide for the legal defense of such claims in accord with the
standards set forth herein. The Township may refuse to provide for
the defense and indemnification of any civil action referred to herein
if the Township of Long Beach determines that:
A. The act or omission did not occur within the scope
of a duty authorized or imposed by law;
B. The act or failure to act was the result of actual
fraud, willful misconduct or actual malice of the person requesting
defense and indemnification; or
C. The defense of the action or proceeding by the Township
would create a conflict of interest between the Township and the person
or persons involved.
The terms of this chapter and the definition
of "official, employee and appointee" are to be construed liberally
in order to effectuate the purposes of this chapter except that these
terms shall not mean:
A. Any person who is not a natural person;
B. Any person while providing goods or services of any
kind under any contract with the Township except an employment contract;
C. Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the
Township; and
D. Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Township and/or
secure insurance.
The Township shall provide for defense of and
indemnify any present or former official, employee or appointee of
the Township who becomes a defendant in a civil action if the person
or persons involved: acted or failed to act in a matter in which the
Township has or had an interest; acted or failed to act in the discharge
of a duty imposed or authorized by law; and acted or failed to take
action in good faith. For purposes of this chapter, the duty and authority
of the Township to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
In any other action or proceeding, including
criminal proceedings, the Township may provide for the defense of
a present or former official, employee or appointee, if the Township
of Long Beach concludes that such representation is in the best interest
of the Township and that the person to be defended acted or failed
to act in accord with the standards set forth in this chapter.
Whenever the Township provides for the defense
of any action set forth herein and as a condition of such defense,
the Township may assume exclusive control over the representation
of such persons defended and such person shall cooperate fully with
the Township.
The Township may provide for the defense pursuant
to this chapter by authorizing its attorney to act in behalf of the
person being defended or by employing other counsel for this purpose
or by asserting the right of the Township under any appropriate insurance
policy that requires the insurer to provide defense.