[1972 Code § 2-51.1]
N.J.S.A. 40A:14-156 et seq. (hereinafter "Statute") allows municipalities
to provide emergency intermunicipal police assistance to other municipalities
which adopt similar reciprocal ordinances.
The Township Council of the Township of Piscataway deems it
to be in the best interests of the residents of Piscataway to enact
an ordinance pursuant to the Statute in order to provide for the health,
safety and welfare of the residents of the Township of Piscataway.
Piscataway Township hereby cooperates with all other municipalities
which adopt a similar reciprocal ordinance providing for intermunicipal
Police assistance in times of emergency.
[1972 Code § 2-40.1]
The Township shall hereby indemnify its officials, employees,
and appointees, pursuant to N.J.S.A. 59:10-4, in accordance with indemnification
provisions applicable to State employees.
[1972 Code § 2-40.2]
As used herein:
OFFICIALS or MUNICIPAL OFFICIALS
Shall mean present or former elected members of the Governing
Body, present or former appointees, and employees or members of the
various boards, agencies, and commissions of the Township of Piscataway.
[1972 Code § 2-40.3]
The Township of Piscataway shall provide for the defense of
actions or proceedings brought against its officials, employees, and
appointees and shall indemnify such officials to the extent hereinafter
set forth, the intent of this section being to save harmless and protect
such persons from financial losses resulting from litigation.
[1972 Code § 2-40.4]
The indemnification provided by this section shall apply to
any act or omission of said officials, employees, or appointees, whether
intentional or not, occurring within the scope of his or her employment
by the Township, or if said official, employee, or appointee was or
is a party to, or is threatened to be made a party to, any threatened,
pending or completed action, suit, or proceeding, whether criminal,
civil, administrative, or investigative, by reason of the fact that
he or she was an official, employee, or appointee of the municipality.
The Township shall indemnify said official, employee, or appointee,
and shall save him or her harmless from any claim, loss, expense,
attorney's fee, judgment, fine, and amount paid in settlement actually
and reasonably incurred by him or her in connection with such action,
suit, or proceeding, to the full extent permitted by the laws of the
State of New Jersey, except as specifically modified herein.
[1972 Code § 2-40.5]
Notwithstanding the prior provisions of this section, it shall
not provide any indemnification in the following circumstances:
a. For any act or omission not within the scope of employment as a municipal
official.
b. For any act or failure to act, constituting actual fraud, willful
misconduct, or actual malice.
c. For any situation in which the defense of an action or proceeding
is provided by an insurance policy or policies, whether obtained by
the Township or by any other person.
d. Where the municipal official fails to deliver to the Township Clerk
within 15 days after he or she is served with any summons, complaint,
process, notice, demand or pleading, the original or an accurate copy
of the same.
e. Where the municipal official fails to cooperate with the defense.
f. Where the municipal official fails to request the indemnity provided
by this section.
g. Where the action or proceeding is instituted by the Township against
the municipal official.
[1972 Code § 2-40.6]
The Township shall defray the cost of defending any criminal
action or proceeding brought against the municipal official, providing:
a. The defraying of such cost is not prohibited by Statute, ordinance,
or resolution, where the criminal action has been dismissed or results
in a final disposition inconsistent with the guilt of the municipal
official.
b. When providing for the defense of any municipal official, the Township
may make such necessary demands as it deems reasonable, in its sole
discretion, to determine that the municipal official is innocent of
the charges brought or to be brought against him or her. In this regard,
the Township Council may approve of such actions as it deems appropriate,
in written form, the contents of which may be withheld from public
dissemination until the conclusion of the action or proceeding, in
the discretion of the Council.
[1972 Code § 2-40.7]
Nothing herein shall be deemed to authorize the Township to
pay or agree to pay punitive damages resulting from actual fraud,
willful misconduct, or actual malice.
[1972 Code § 2-40.8]
Whenever the Township determines, pursuant to the authority
provided in this section, to provide any defense required of it hereunder,
the Township, through Counsel, shall assume exclusive control of the
representation of the municipal official and may designate defense
counsel for such official.
[1972 Code § 2-40.9]
Whenever the Township provides a defense pursuant to the authority
provided hereunder, the Township may elect to, in its sole discretion:
a. Hire an attorney (who may be the Township Attorney) and pay that
attorney directly; or
b. Approve an attorney selected by the municipal official involved and
reimburse the official for reasonable attorney's fees expended or
obligated to be expended in defense of such official.
[1972 Code § 5-26.1]
As used in this section:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and/or the State Bureau of Identification of the New Jersey
State Police.
CRIMINAL HISTORY RECORD INFORMATION or CHRI
Shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized databases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments, or other formal criminal charges, and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
DEPARTMENT
Shall mean the Township of Piscataway Police Department.
NONCRIMINAL JUSTICE PURPOSE
Shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a Federal or
State Statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
NONPROFIT YOUTH SERVING ORGANIZATION or ORGANIZATION
Shall mean corporation, association or other organization
established pursuant to Title 15 and Title 15A of the New Jersey Statutes,
or other law of this State, but excluding public and nonpublic schools,
and which provides recreational, cultural, charitable, social or other
activities or services for persons younger than 18 years of age, and
is exempt from Federal income taxes.
TOWNSHIP SPONSORED PROGRAMS
Shall mean any programs sponsored by the Township which provide
and utilize Township facilities and/or Township property.
[1972 Code § 5-26.6]
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the person making
the determination shall provide the disqualified person with an opportunity
to complete and challenge the accuracy of the information contained
in the criminal history record. The disqualified person shall be afforded
a reasonable period of time to correct and complete this record. A
person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the record.
[Ord. No. 08-25 § 1]
Pursuant to N.J.S.A. 43:15C-2, the positions set forth on Schedule
"A" annexed hereto are deemed to be eligible for and shall
participate in the Defined Contribution Retirement Program.
[Ord. No. 08-25 § 2]
Individuals serving in the positions set forth on Schedule "B" annexed hereto are exempt from Defined Contribution Retirement
Program membership, pursuant to N.J.S.A. 43:15C-2.
[Ord. No. 08-25 § 3]
If an individual is appointed to one of the positions listed in subsection
2-73.1 and the individual is not serving in a position as described in subsection
2-73.2, the Pension Certifying Officer of the Township may determine that the individual is not required to join both the Defined Contribution Retirement Program if that individual: (a) was an active participant in the Public Employee Retirement System on July 1, 2007 and has remained so continuously since that time; (b) has been appointed pursuant to a valid promotional process; (c) is appointed on a temporary, interim or "acting" basis to a position requiring State Certification as set forth in subsection
2-73.2, and is in pursuit of the required certification; or (d) meets such other exemptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 08-25 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 08-25 § 5]
Should any part or parts of this section be held to be invalid
by any competent court of law, such invalidity shall only affect the
part or parts held to be invalid, and all other parts shall remain
in full force and effect.
[Ord. No. 08-25 § 6]
A copy of this section shall be filed with the Director of the
Division of Pensions & Benefits of the New Jersey Department of
the Treasury.