[HISTORY: Adopted by the Township Committee of the Township
of Raritan 10-11-2000 by Ord. No.
00-27 as Ch. 2.52 of the 2000 Code. Amendments noted
where applicable.]
Subject to the limitations set forth in § 29-3, whenever any civil action has been or shall be brought against the Mayor or any member of the Township Committee, the Zoning Board of Adjustment (including alternate members) or the Planning Board (including alternate members), or a person formerly holding said office, for any action or omission arising out of or in the course of the performance of the duties of such office, 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 municipality may defend and indemnify all other municipal officials and employees for civil action to the same extent as the officials mentioned in § 29-1, but it is not required to do so.
The Township Committee shall not be responsible to defend and indemnify any of the officials mentioned in the § 29-1 if it determines that:
A.
The act or omission complained
of was not within the scope of employment or authority.
B.
The act or omission complained
of was because of actual fraud, willful misconduct or actual malice.
C.
The municipality has obtained an
insurance policy which insures the officials, and the insurance company
has agreed to defend the cause of action and to indemnify the municipal
official or officials and the municipality. The municipality shall
not be liable for any fees, expenses, indemnification or costs other
than any minimum deductible amount which the insurance policy does
not cover.
D.
The municipal official has failed
to deliver to the Township Administrator, within 10 days of the time
he or she is served with any summons, complaint, process, notice,
demand or pleading, the original or a copy of such document, or thereafter
fails to cooperate with the Township in the defense of the matter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter shall not apply to any criminal action.
