[HISTORY: Adopted by the Mayor and Council of the Township of Mount Olive 3-8-1977 by Ord. No. 7-77 (Ch. 11 of the 1990 Code). Amendments noted where applicable.]
Subject to the limitations set forth in the subsequent sections of this chapter, whenever any civil action has been or shall be brought against any person (hereinafter referred to as "employee") holding or formerly holding any office, position or employment with the Township of Mount Olive for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Township shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such persons from any financial loss resulting from the litigation. The Township Attorney or other attorney selected by the Mayor with the advice and consent of the Township Council shall represent the Township official or employee.
The Township shall not defray the costs of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the Township of Mount Olive, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. However, should the Township determine that there is good cause to dismiss the employee, arising out of the incident or related incidents of the criminal prosecution, the Township will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.
The obligation of the Township of Mount Olive to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the Township itself would be liable for the acts of its employees under the doctrine of respondeat superior, except that the Township shall defend any such officer or employee sued under the Federal Civil Rights Act, provided that the Mayor and/or Council shall not have concluded that such act or omission was outside the scope of the responsibilities of said officer or employee.
Furthermore, the Township shall not defend and save harmless any employee committing an intentional or willful act or willful omission arising out of or in the course of the performance of the duties of such office, position or employment.
Also specifically excluded from the provisions of this chapter are the following classes of employees or former employees:
Any municipal employee or official providing any form of professional medical services, such as doctors and nurses, insofar as said civil action arises out of or concerns those professional medical services.
Any part-time professional municipal employee or official providing contractual services for the Township, such as the Township Attorney, Assistant Attorney and Auditor, insofar as said civil action arises out of or concerns those professional services. This exclusion does not pertain to full-time professional employees such as the Township Engineer.