[HISTORY: Adopted by the Township Council of the Township
of Washington 7-2-2018 by Ord.
No. 18-09. Amendments noted where applicable.]
Except as hereinafter provided, the Township of Washington (hereinafter
referred to as the "Township") shall provide for indemnification and
legal defense of any civil action brought against any present or former
official, employee or appointee of the Township 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 Township Council determines
that a) the act or omission did not occur within the scope of a duty
authorized or imposed by law; b) 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) 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 ordinance 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;
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.
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 official, employee or appointee. However,
if such official, employee or appointee files a counterclaim, third-party
claim, or any similar claim in the legal proceeding in which such
official, employee or appointee is being indemnified by the Township,
the Township shall not be obligated to provide counsel to pursue any
such claim, or to reimburse said person for any attorneys' fees
or costs attributable to said claims.
In any 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 within the scope of such person's public duties.
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 person
defended, and such person shall cooperate fully with the Township.
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 defense.
