[Adopted 4-23-1992 by Ord. No. 1992-6]
The Township Committee hereby finds that it
is appropriate to provide for the indemnification of Township employees
and officials in accordance with the provisions of N.J.S.A. 59:10-4
(New Jersey Tort Claims Act), which empowers local public entities
to provide for such indemnification.
As used in this article, the following terms
shall have the meanings indicated:
EMPLOYEE
Includes each person presently holding any office, position
or employment, elective or appointive, whether or not such person
holds a professional license or certificate and irrespective of the
number of hours worked per week or is being paid a fixed salary or
hourly rate for the performance of his/her duties, but shall not include
any person furnishing professional or extraordinary unspecifiable
services under separate appointment, retainer, agreement or contract,
and shall also include persons formerly holding office or employment;
provided, however, that the events giving rise to a cause of action
or claim for which indemnification is sought must have occurred after
January 1, 1989, and any claim based on an event prior to that date
shall not be covered by this article.
An employee shall not be entitled to indemnification
or the cost of defense under this article unless, within five days
of the time such employee is served with any summons, order to show
cause, complaint, process, notice, demand or pleading, he/she delivers
the same or a copy thereof to the Municipal Clerk, who shall then
forthwith notify the Mayor and Township Solicitor of the pending action;
provided, however, that this time period may be extended for good
cause by the affirmative vote of a majority of the full membership
of the governing body.
The employee shall have the right to choose
his/her own counsel pursuant to the provisions of this article.
It shall be within the sole discretion of the
governing body to decide whether to pay for the costs of counsel beyond
the trial court level.
An employee claiming indemnification under this
article shall cooperate fully and in good faith with the Township
and with any attorneys, adjusters, investigators or experts or technical
personnel engaged by the employee for the preparation and presentation
of a defense to such action or the settlement or other disposition
thereof, including any counsel or other professionals engaged independently
by the municipality, and if the employee neglects, fails or refuses
to cooperate as herein required, the governing body, after a hearing
on 10 days' written notice to the employee and for cause, may declare
all rights created under this article for the benefit of such employee
to be forfeited and terminated by the affirmative vote of a majority
of the full membership of the Township Committee.
[Adopted 4-23-2008 by Ord. No. 2008-14]
Except as hereinafter provided, the Township
of Mansfield, hereinafter known as the "Township," shall, upon the
request of any present or former official, employee or appointee of
the Township of Mansfield, 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 terms of this article and the definition
of official, employee and appointee are to be construed liberally
in order to effectuate the purposes of this article, 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.
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 Mansfield
Township Committee 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 article.
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 article 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 that insurer to provide defense.