The municipal official/employee or volunteer shall not be entitled
to indemnification or reimbursement pursuant to this chapter unless
the municipal official/employee or volunteer makes written request
that the Township do so and delivers to the Township Manager the original
or a copy any summons, complaint, process, notice, demand or pleading
served upon the municipal official/employee or volunteer within 20
calendar days of the time such municipal official/employee or volunteer
is served therewith (unless such time period is expanded or enlarged
as otherwise determined by the Township Council by resolution). Service
of any summons, complaint, process, notice, demand or pleading upon
the municipal official/employee or volunteer at Township offices shall
be considered delivery of a copy to the Township so long as the Township
is provided a duplicate copy thereof.
The Township shall not be obligated to provide any defense or
reimbursement where the Township Council determines in their opinion
that:
A. The act or omission was not within the scope or incidental to the
duties of the municipal official/employee or volunteer's employment
or authority; or
B. The act or omission was the result of "actual fraud," "actual malice,"
"willful misconduct" or an "intentional wrong" within the meaning
of N.J.S.A. 59:10-4; or
C. The legal proceeding involves a question concerning the election
laws; or
D. The legal proceeding is instigated or brought by the Township against
the municipal official/employee or volunteer; provided, however, if
any such legal proceeding shall be dismissed or finally determined
in favor of the municipal official/employee or volunteer, then the
municipal official/employee or volunteer shall be reimbursed for the
expense of the defense providing (1) the municipal official/employee
or volunteer proves that the act or omission was within the scope
or incidental to the duties of employment or authority and (2) in
the opinion of the Township Council of the Township, the act or omission
did not constitute "actual fraud," "actual malice," "willful misconduct"
or an "intentional wrong" within the meaning of N.J.S.A. 59:10-4;
or
E. The action is a criminal proceeding except as otherwise set forth in §
28-3; or
F. The defense of the action or proceeding would constitute a conflict
of interest between the Township and the municipal official/employee
or volunteer; or
G. The defense of the action or proceeding is covered by insurance except as set forth in §
28-6B or
28-6C; or
H. Unless otherwise determined by the Township Council, the municipal
official/employee or volunteer has failed to provide to the Township
Administrator within 20 calendar days after the time the public official
is served with any summons, complaint, process, notice, demand or
pleading, the original or a copy thereof; or
I. The municipal official/employee or volunteer has failed to fully
cooperate with the defense; or
J. The act or omission is in violation of the New Jersey Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or any ethics code adopted
pursuant to the statute.
Any article, section or subsection of this chapter is declared
for any reason to be unconstitutional or invalid by a court of confident
jurisdiction, such provision(s) shall be deemed severed from the remainder
of the chapter and shall not affect the enforceability of the remainder
of the chapter.
This chapter shall take effect immediately upon final passage
and publication as required by law. The obligations as described herein
requiring the Township to provide a defense and indemnify certain
public officials shall be retroactive to the extent that any pending
claims, complaints, pleadings against public officials as defined
herein shall be covered under this chapter, and the Township shall
immediately assume the defense and provide indemnification.
Any and all ordinances or parts thereof inconsistent with the
provisions of this chapter are hereby repealed to such extent as they
are so in conflict or inconsistent; provided, however, that the adoption
of this chapter shall not prevent or bar the continuance or institution
of any proceedings for offenses heretofore committed in violation
of any existing ordinance of the Township.
This chapter shall take effect upon final passage and publication
according to law. Any legal proceeding which may be covered by this
chapter which has not been reduced to a final judgment as of the date
of passage shall be covered by the terms of this chapter.