As used in this article, the following terms shall have the
meanings indicated:
EMPLOYEE
Any officer or employee of the Township of Montclair, whether
elected or appointed, except employees of the Township Police Department
or Fire Department entitled to a defense or indemnification under
N.J.S.A. 40A:14-28 and 40A:14-155.
LEGAL ACTION OR PROCEEDING
Any pending, threatened or completed civil, criminal, administrative
or arbitrative action, suit or proceeding, and any appeal therein
and any inquiry or investigation which could lead to the action, suit
or proceeding.
Except as provided below in §
3-69, the Township Attorney shall provide for the defense of any legal action or proceeding against an employee arising out of an act or omission within the scope of employment or authority, provided the employee:
A. Requests a legal defense, in writing, and provides to the Township
Attorney any summons, complaint, process, notice, demand, or pleading;
and
B. Cooperates with the Township Attorney in his or her defense.
In addition to the provisions hereof, all employees shall be
entitled to defense and indemnification as provided in N.J.S.A. 59:10-1
et seq. and N.J.S.A. 59:10A-1 et seq.