[HISTORY: Adopted by the Township Council of the Township of Jefferson 12-4-2013 by Ord. No. 16-13. Amendments noted where applicable.]
Editor's Note: This ordinance was adopted as Ch. 295, but was renumbered to maintain the organization of the Code.
Except as hereinafter provided, the Township of Jefferson, 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 failing within the scope of their public duties.
The terms of this chapter and the definitions 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 is not required to 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 Council 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 Council 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.
The Township may provide for the defense pursuant to this chapter by authorizing its attorney to act on 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 a defense. If the employee refuses to utilize the attorney designated by the Township, then the Township’s obligation to provide counsel, or to reimburse for counsel, shall be terminated.
This chapter shall take effect immediately upon passage and publication as required by law.