[HISTORY: Adopted by the Township Committee of the Township
of Fredon Ord. No. 17-84 (Sec. 2-9 of the 1972 Revised General Ordinances). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person elected or appointed to any public office, agency
or body of the Township, or employed or retained by the Township,
or any office, agency or body thereof, whether such person serves
in a paid or unpaid capacity.
Whenever an officer or employee of the Township is a defendant
in any action or legal proceeding arising out of, or incidental to,
the performance of his/her duties, the Township shall provide the
officer or employee with the necessary defense, or, at its option,
means for the defense of such action or proceeding and shall hold
such officer or employee harmless from any payment, settlement or
judgment resulting from the proceeding, except in the following situation:
A.
Where the action has been brought by the Township itself against
such officer or employee.
B.
Where the officer or employee has been specifically found by the
trier of fact in the proceedings, civil or criminal, to have acted
with actual fraud, actual malice or willful misconduct.
C.
Where the officer or employee is found to have acted in violation
of the Municipal Code of Ethics.
Nothing in this chapter shall be deemed to afford any protection
to persons appointed as municipal constables as a prerequisite for
appointment as a constable for the Sussex County District Court.
