In any other action or proceeding, including criminal proceedings, the municipality may provide for the defense of a present or former official, employee or appointee if the Council concludes that such representation is in the best interest of the municipality and that the person to be defended acted or failed to act in accord with the standards set forth in §
22-2 of this chapter.
Whenever the municipality provides for the defense of any action
set forth herein, as a condition of such defense, the municipality
may assume exclusive control over the representation of such persons
defended, and such person shall cooperate fully with the municipality.
Where such person defended hereunder may be subject to causes of action
which, if proven, could subject said person to punitive damages, penalties,
or fines, said persons shall be entitled to have independent legal
counsel represent them as to those claims in any such proceeding,
at said person's own cost and expense, in which circumstance
counsel appointed by the Township and the person's private counsel
shall jointly have control over the employee's representation
as their respective interest may require.
The municipality may provide for the defense pursuant to this
chapter by authorizing the Municipal Attorney to act on behalf of
the person being defended or by employing other counsel for this purpose
or by asserting the municipality's right under any appropriate
insurance policy that requires the insurer to provide defense.