Consistent with the provision of N.J.S.A. 59:10-4 and the Tort
Claims Act, the Township of West Deptford shall indemnify and hold
its elected officials and/or employees harmless against any judgment
for exemplary or punitive damages incurred by them in the defense
of an action resulting from the elected officials and/or employees
civil violation of state or federal law, including fees and costs
and attorney's fees, up through and including any appeals, subject
only to the conditions set forth below:
A. The elected officials and/or its employees of the Township of West
Deptford must notify the Township of West Deptford as soon as possible
as to any action threatened against the elected official and/or employee.
B. The Township of West Deptford reserves the option to defend an elected
official and/or employee of the Township of West Deptford or provide
the elected official and/or employee with the means for a defense
or indemnify the elected official and/or employee for his/her defense.
C. The indemnification shall apply to any action, statements, conduct
or any action in which the elected official and/or employee is involved
giving rise to the lawsuit, claim and demand, even if it is later
decided by a judge or jury to have been unlawful or improper as to
the plaintiff; provided, however, that this indemnification shall
not apply and shall be totally void and have no effect with respect
to any action, statement, conduct or inaction of an elected official
and/or employee, giving rise to any such lawsuit, claim and demand:
(1) That was not within the scope of the elected official's and/or employee's
employment;
(2) If the act or omission was due to actual fraud, willful misconduct
or actual malice; or
(3) That constituted a crime.
D. In the event that it is ultimately determined that the elected official
and/or employee of the Township of West Deptford cannot be indemnified
per this chapter, then the elected official and/or employee agrees
to reimburse the Township of West Deptford for monetary amounts, fees
and costs, including attorney's fees, which have been advanced or
provided by the Township of West Deptford to the elected official
and/or employee or on the elected official's and/or employee's behalf.