[HISTORY: Adopted by the Township Council of the Township
of Greenwich 6-21-2010 by Ord. No. 8-2010. Amendments noted where
applicable.]
Except as hereinafter provided, Greenwich Township, hereinafter
known as "the Township," shall, upon the request of any present or
former official, employee or appointee of the Township, provide for
indemnification and legal defense of any civil action brought against
said person or persons arising from an act or omission falling within
the scope of their public duties.
[Amended 5-17-2021 by Ord. No. 6-2021]
A.
The Township
shall not indemnify any person against the payment of punitive damages,
penalties, or fines, but may provide for the legal defense of such
claims in accord with the standards set forth herein. The Township
may refuse to provide for the defense and indemnification of any civil
action referred to herein if the Township Council determines that:
(1)
The
act or omission did not occur within the scope of a duty authorized
or imposed by law;
(2)
The
act or failure to act was the result of actual fraud, willful misconduct
or actual malice of the person requesting defense and indemnification;
or
(3)
The
defense of the action or proceeding by the Township would create a
conflict of interest between the Township and the person or persons
involved.
B.
Pursuant
to N.J.S.A. 59:10-4, the indemnification and defense provided for
in this chapter shall include exemplary or punitive damages resulting
from the employee's civil violation of state or federal law if,
in the opinion of the governing body, the acts committed upon which
the damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
The terms of this chapter and the definition of "official,"
"employee" and "appointee" are to be construed liberally in order
to effectuate the purposes of this chapter except that these terms
shall not mean:
A.
Any person
who is not a natural person;
B.
Any person
while providing goods or services of any kind under any contract with
the Township except an employment contract;
C.
Any person
while providing legal or engineering services for compensation unless
said person is a full-time employee of the Township; and
D.
Any person
who as a condition of his or her appointment or contract is required
to indemnify and defend the Township and/or secure insurance.
A.
The Township shall provide for defense of and indemnify any present
or former official, employee or appointee of the Township who becomes
a defendant in a civil action if the person or persons involved:
B.
For purposes of this chapter, the duty and authority of the Township
to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
In any other action or proceeding, including criminal proceedings,
the Township may provide for the defense of a present or former official,
employee or appointee, if the Township Council concludes that such
representation is in the best interest of the Township and that the
person to be defended acted or failed to act in accord with the standards
set forth in this chapter.
Whenever the Township provides for the defense of any action
set forth herein and as a condition of such defense, the Township
may assume exclusive control over the representation of such persons
defended and such person shall cooperate fully with the Township.
The Township may provide for the defense pursuant to this chapter
by authorizing its attorney to act in behalf of the person being defended
or by employing other counsel for this purpose or by asserting the
right of the Township under any appropriate insurance policy that
requires the insurer to provide defense.
