Subject to the limitations set forth in the subsequent sections
of this chapter, whenever any civil action has been or shall be brought
against any person (hereinafter referred to as "employee") holding
or formerly holding any office, position or employment with the Township
of Plumsted, for any action or omission arising out of or in the course
of the performance of the duties of such office, position or employment,
the Township shall defray all costs of defending such action, including
reasonable counsel fees and expenses, together with costs of appeal,
if any, and shall save harmless and protect such persons from any
financial loss resulting from the litigation. The Township Attorney,
or another attorney selected by the Mayor with advice and consent
of the Township Committee, shall represent the Township official or
employee.
The Township shall not defray the costs of defending any criminal
action against any municipal employee except as may be authorized
by state statute or other municipal ordinance or resolution of the
Township of Plumsted, and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
Township determine that there is good cause to dismiss the employee
arising out of the incident or related incidents of the criminal prosecution,
the Township will not reimburse the employee or official for legal
defense and costs of defending the suit, even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
Whenever the Township provides any defense required of it under
this chapter, the Township, through counsel, may assume exclusive
control over the representation of the public employee, and such employee
shall cooperate fully with the defense.
Nothing in this chapter shall authorize the Township to pay
for punitive or exemplary damages or damages resulting from the commission
of a crime.