Pursuant to statutory authority, and subject to and consistent
with the provisions of the New Jersey Tort Claims Act, the Township hereby indemnifies its employees, appointees
and officials and former employees, appointees and officials in accordance
with the indemnification provisions applicable by statute to all municipal
employees, except with respect to liability for any act or omission
of a public employee within the scope of his or her employment in
the same manner and to the same extent as a private individual under
like circumstances ("injury" being defined as to mean death, injury
to a person, damage to or loss of property or any other injury that
a person may suffer that would be actionable if inflicted by a private
person).
Indemnification under this article shall apply to the following,
among other things (the listing of which is not intended to limit
in any way the scope of indemnification):
A. Liability for an injury resulting from the exercise of judgment or
discretion vested in an employee, appointee or official or a former
employee, appointee or official.
B. Liability for legislative or judicial action or inaction or administrative
action or inaction of a legislative or judicial nature.
C. Liability for the exercise of discretion in determining whether to
seek or whether to provide the resources necessary for the purchase
of equipment, the construction or maintenance of facilities, the hiring
of personnel and, in general, the provision of adequate governmental
services.
D. Liability for the exercise of discretion when, in the face of competing
demands, an employee, appointee or official determines or a former
employee, appointee or official determined whether and how to utilize
or apply existing resources, including those allocated for equipment,
facilities and personnel.
E. Liability arising out of the acts or omissions of an employee, appointee
or official or a former employee, appointee or official in carrying
out his or her ministerial functions.
Indemnification under this article shall not apply, however,
to any liability for an act or omission constituting a crime, actual
fraud, actual malice or willful misconduct. "Willful misconduct,"
as used in this article, includes but is not limited to acting knowingly
and clearly outside the scope of one's authority.
The indemnity provided by this article shall apply only in excess
of all insurance, regardless of the ownership of such insurance policy,
against any loss or losses covered by the indemnity provided by this
article.
The Township shall defend every employee, appointee and official
and former employee, appointee and official indemnified under the
terms of this article to the greatest extent permitted by law, provided
that said employee, appointee or official or former employee, appointee
or official reasonably cooperates in his or her own defense. Said
employee, appointee or official or former employee, appointee or official
may join in his or her own defense, provided that he or she does so
at no cost or expense to the Township, and provided, further, that
the joining in said defense does not materially interfere with, delay,
impede or weaken the defense provided by the Township under the terms
of this article.