[Added 8-15-2017 by Ord.
No. 18-2017]
Except as hereinafter provided, the Township of Byram, 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 falling within
the scope of their public duties.
The Township shall not 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 Byram Township Council
determines that:
A.Â
The act or omission did not occur within the scope of a duty authorized
or imposed by law;
B.Â
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
C.Â
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.
The terms of this chapter and the definition 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:
A.Â
Any person who is not a natural person;
B.Â
Any person while providing goods or services of any kind under any
contract with the Township except an employment contract;
C.Â
Any person while providing legal or engineering services for compensation
unless said person is a full-time employee of the Township; and
D.Â
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.
A.Â
The Township shall provide for defense of and indemnify any present
or former official, employee or appointee of the Township who becomes
a defendant in a civil action if the person or persons involved:
B.Â
For purposes of this chapter, the duty and authority of the Township
to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
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 Byram 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.
A.Â
Whenever the Township provides for the defense of any action set
forth herein and as a condition of such defense, the Township may
assume exclusive control over the representation of such persons defended
and such person shall cooperate fully with the Township.
B.Â
The Township may provide for the defense pursuant to this chapter
by authorizing its attorney to act in 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 defense.