[HISTORY: Adopted by the Township Committee
of the Township of Boonton 11-13-2018 by Ord. No. 868. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 21.
Except as hereinafter provided, the Township of Boonton, 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.
A.
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.
B.
The Township may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Township determines
that:
(1)
The act or omission did not occur within the scope of a duty authorized
or imposed by law;
(2)
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
(3)
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.
Any person who is not a natural person;
B.
Any person while providing goods or services of any kind under any
contract with the Township except an employment contract;
C.
Any person while providing legal or engineering services for compensation
unless said person is a full-time employee of the Township; and
D.
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.
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.
For purposes of this ordinance, 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 Township concludes that such representation
is in the best interest of the Township, the person to be defended
acted or failed to act in accord with the standards set forth in this
chapter, and the interests of the person to be defended do not conflict
with the interests of the Township in connection with the criminal
proceedings.
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.
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.