[Ord. No. 2542, § 1]
Pursuant to N.J.S.A. 9:10-4, local public entities are empowered to indemnify local public employees, and N.J.S.A. 40A:14-155 requires local public entities to provide a defense to members or officers of a municipal Police Department in certain circumstances. The Township Council of Belleville desires to provide a uniform policy for the defense and/or indemnification of Township employees, and therefore enacts this chapter.
[Ord. No. 2542, § 2]
As used hereinafter, the following terms shall have the meaning stated:
DEFEND
Shall mean the discretion of the Governing Body to either provide legal representation by the Township Attorney or his designee, or in the event of a conflict pay reasonable legal fees and expenses for other legal representation.
INDEMNIFY
Shall mean to pay or reimburse for the official or employee for any judgment, or cost assessed against the official or employee, any settlement agreed to by the Township, and any reasonable expenses incurred by the defense. The Township shall not indemnify an official or employee for any fines or penalties imposed in any criminal or quasi-criminal proceeding or exemplary or punitive damages awarded in any civil proceeding.
OFFICIALS AND EMPLOYEES
Shall mean any person holding or formerly holding any office, position or employment, elected or appointed, full or part time with the Township of Belleville. The term does not include service providers under independent contract.
TIMELY NOTICE
Shall mean seven days from the date of service of the summons and/or compliant upon the official or employee, inclusive of weekends and holidays.
[Ord. No. 2542, § 3]
Subject to the limitations set forth in Section 26-4, below, the Township shall defend and/or indemnify its officials and employees whenever any legal action has been or shall be brought against one or any of them for any action or omission arising out of or in the course of their duties as a Township official or employee.
The Township shall not defend and/or indemnify a Township official or employee in a civil or criminal proceeding if in the opinion of the Governing Body any of the following circumstances exist:
a. 
Where the act or omission complained of was not within the scope of employment or authority, or constitutes a violation of a written departmental rule or regulation.
b. 
Where the act or omission complained of was a result of actual fraud, willful misconduct, actual malice or an intentional wrong.
c. 
Where the defendant was or is an elected official and the legal proceeding involves a question concerning the election laws.
d. 
Where the defense of the action or proceeding would create a conflict of interest between the Township and the official or employee involved.
e. 
Where the official or employee was not acting in good faith or in the interest of the Township.
f. 
Where a policy of insurance has been obtained by the Township, or by any other person which insured the official or employee and the insurance company has agreed to provide such defense and indemnify the official or employee and the Township.
g. 
Where the official or employee fails to give timely notice of the claim or action by delivery of the summons and/or complaint to the Township Manager or therefore fails to fully cooperate in the defense of the matter.
h. 
Where the proceeding is or has been brought by the Township against the official or employee.
i. 
Where the proceeding involves allegations of a crime, disorderly persons offense or ordinance violation on behalf of an official or employee acting outside the scope of his official duties or authority.
j. 
Where the proceeding is criminal, quasi-criminal or disciplinary in nature; instituted as a result of a complaint or summons on behalf of the Township. Indemnification under such circumstances for a member or official if the Belleville Police Department shall be governed by 40A:14-1.
k. 
Where the official or employee is not a defendant and the Governing Body has not approved the institution of the legal proceeding.
[Ord. No. 2542A]
a. 
Notice. Within seven days of service of a summons, complaint and/or legal notice upon any official or employee seeking a defense and/or indemnification under this chapter that person shall deliver to the Township Manager a copy of said summons, complaint and/or legal notice. Failure to supply such notice, will bar defense and/or indemnification under this chapter unless the delay was reasonable and due to excusable neglect or inadvertence and further provide the Township has suffered no prejudice by reason thereof.
b. 
Review. The Township Manager and the Township Attorney shall review the notice and advise the Township Council of the notice, which shall determine if a defense and/or indemnification shall be provided and under what conditions if any. Said decision shall be in the form of resolution.
c. 
Defense. In all proceedings where professionally and ethically appropriate the Township Attorney shall provide a defense when necessary and the Township shall hire counsel to provide said defense.
d. 
Indemnification. Where the Township agrees to provide a defense, it should also determine whether or not to indemnify the official for any judgment entered or settlement reached. Where the Township has not agreed to provide a defense, reimbursement may only be provided to an official or employee who obtains a dismissal or favorable final judgment provided that within five days of the retaining private counsel, that official or employee delivers to the Township Manager a copy of a signed written retainer agreement with the private attorney in which the attorney certifies to keep accurate and complete records of the hours which the attorney spends on the legal proceedings (to include the date and nature of services performed with regard to all times) from the outset of the case and to submit an affidavit of service at the conclusion of the proceedings setting out that detailed time information, and within 20 days of the termination of the proceedings the signed attorneys affidavit of service is delivered to the Township Manager. Reimbursement in this event will be limited to reasonable attorney's fees and expenses. Reasonableness of fees will be determined by the current hourly rate payable to the Township Attorney by the Township. The amount of reimbursement shall be reduced by any money received by the official or employee in any counteraction, against the person(s) bringing the action against him or against any third party. If no moneys are received on such counteraction, reimbursement shall be reduced by any attorney's fees or court costs attributable to such counteraction.
e. 
Control over Litigation. Whenever the Township provides any defense required of this under this chapter, the Township through its Attorney, may assume exclusive control over the representation of the official or employee, and such person shall fully cooperate with the defense.
f. 
Costs and Expenses. All costs and expenses to be incurred in the defense of an official or employee must be approved by the Township Attorney prior to actually incurring said costs or expenses by council provided by the Township or retained by the official or employee. The Township will only assume responsibility for costs or expenses of which it has had prior notice and which is reasonable.
g. 
Settlement. If the legal proceeding is terminated by an agreement among the parties, the Township shall not be obligated to indemnify the official or employee unless the Township first approves the settlement agreement.
[Ord. No. 3098, §§ 1-5; Ord. No. 3231]
a. 
Except as hereinafter provided, the Township of Belleville, 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 scope of their public duties.
For purposes of this section, the duty and authority of the Township to defend and indemnify shall extend to cross-claim or counter-claim against said person.
The terms of this ordinance and the definition of official, employee and appointee are to be construed liberally in order to effectuate the purposes of this ordinance except that these terms shall not mean a) any person who is not a natural person: b) any non-employee while providing goods or services of any kind under any contract with the Township; c) any person while providing legal or engineering services for compensation unless said person is an 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.
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.
b. 
The Township shall provide for the defense of and indemnify the defendant or defendants in a civil action if the person or persons involved a) acted or failed to act in a matter in which the Township has or had an interest; b) acted or failed to act in the discharge of a duty imposed or authorized by law; c) acted or failed to take action in good faith.
The Township may refuse to provide for the defense and indemnification of any civil action referred to herein if the Township Council determines that a) the act or omission did not occur within the scope of a duly authorized or imposed law; b) the act or failure to act was the result or actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; or c) 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.
c. 
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 paragraph b. of this section.
d. 
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.
e. 
The Township may provide for the defense pursuant to this section by authorizing the 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 this insurer to provide defense.