Pursuant to the authority of N.J.S.A. 59:10-4, as amended, the
Township does authorize indemnification of any person, now or in the
future, holding any office, position or employment, elective or appointive,
hereafter referred to as an "employee."
The Township, upon request, shall provide for the defense of
any action, suit or proceeding, commenced or threatened, whether civil,
criminal, administrative or investigative, including a cross action,
counterclaim or cross complaint, against any employee on account of
any act or omission in the scope of his employment and shall defray
all costs of defending such action, including reasonable counsel fees
and expenses, together with costs of appeal, if any, provided that
the act or the failure to act did not constitute actual fraud, actual
malice, willful misconduct or an intentional wrong.
The Township shall indemnify and save harmless each employee
from financial loss resulting from any action described above in this
chapter, including claims, losses, expenses, judgments, witness fees
and any amount paid in settlement thereof and actually and reasonably
incurred in connection therewith, to the extent permitted by law.
Expenses thus incurred may be paid in advance of final disposition
of the action. Nothing herein shall authorize the Township to pay
for damages resulting from the commission of a crime. However, the
Township is required to indemnify and save harmless each employee
from financial loss resulting from any action described above, including
punitive or exemplary damages.
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
A.
Shall apply to all employees, irrespective of the number of
hours worked per week and whether they are elected or appointed;
B.
Shall include such person, whether or not such person holds
a professional license or certificate, being paid a fixed salary or
hourly rate for the performance of his duties, but shall not include
any person furnishing professional or extraordinary unspecifiable
services under separate appointment, retainer, agreement or contract;
C.
Shall include persons formerly holding office or employment,
provided that the events giving rise to a cause of action or claim
hereunder occur after the effective date of the ordinance codified
in this chapter.
The Township may employ legal counsel and expert or technical
personnel to provide a defense, pursuant to this chapter, and may
purchase appropriate insurance as protection against any liability
arising under this chapter.