Except as hereinafter provided, the Township of Blairstown,
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 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 any person who is not a natural person; any person
while providing goods or services of any kind under any contract with
the Township, except an employment contract; any person while providing
legal or engineering services for compensation, unless said person
is a full-time employee of the Township; and 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.
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 Committee of
the Township of Blairstown determines that the act or omission did
not occur within the scope of a duty authorized or imposed by law;
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 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.
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 Committee of the Township of
Blairstown 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 required 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.