As used in this chapter, the following terms shall have the
meanings indicated:
OFFICIAL
Any officer or employee of the Township or any person serving
the Township in an unpaid capacity as a volunteer who would not otherwise
be classifiable as an officer or employee.
Pursuant to N.J.S.A. 59:10-1 et seq., whenever an official of
the Township is defendant in any action or legal proceeding arising
out of or incidental to the performance of official duties, the Township
Committee is authorized to provide the official with the necessary
defense, or at its option, means for the defense, of such action or
proceeding and shall hold the official harmless from any payment,
settlement or judgment resulting from the proceeding, except in the
following situations:
A. Where the action has been brought by the Township itself against
the official.
B. Where the official has been specifically found by the trier of fact
in proceedings, civil or criminal, to have acted because of actual
fraud, actual malice or willful misconduct or outside the scope of
employment or authority.
C. Where the official is found to have acted in violation of any Municipal
Code of Ethics which may now or hereafter be enacted.
An official shall not be entitled to defense and indemnification
under this chapter unless within 10 calendar days of the time he or
she is served with any summons, complaint, process, notice, demand
or pleadings, he or she delivers the original or a copy thereof to
the Township Clerk and unless the official cooperates fully with the
defense furnished pursuant to this chapter.