Pursuant to statutory authority, and subject to and consistent with the provisions of the New Jersey Tort Claims Act,[1] 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).
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.
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 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.