As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Any officer or employee, whether or not compensated or part-time
individual member of appointed boards and committees and elected officials,
who are authorized to perform any act or service; provided, however, that
the term does not include an independent contractor.
The Township shall provide for the defense of any civil or criminal
action brought against a public employee for any act directly related to the
lawful exercise of official authority in the furtherance of their official
duties, and this obligation shall extend to any cross-action, counterclaims
or cross-complaint against such employee.
The Township may provide any defense required of it under this chapter
through the Township Attorney or through the retention of another attorney.
The cost of retention of an outside attorney shall be provided when the defense
of the action or proceeding creates a conflict of interest between the Township
and the public employee.
A. When the Township provides any defense required of it
under this chapter through the Township Attorney, the Township may assume
exclusive control over the representation of the public employee, and such
employee shall cooperate fully with the defense.
B. The Township Council may approve the retention of an
outside attorney in accordance with the following conditions:
(1) The employee does not have the right to an attorney of
his or her choice at Township expense. However, the Township Council may approve
of an attorney requested by the employee.
(2) The attorney retained by the Township shall provide a
written retainer agreement and shall submit an affidavit of services rendered
prior to payment.
(3) Nothing in this section shall prevent an employee from
retaining an attorney of the employee's choice at his or her own expense,
without reimbursement from the Township.
C. Township Attorney responsibilities; possible conflicts.
(1) When the outside attorney is retained, the Township Attorney
shall be directly involved with the public employee's attorney concerning
any recommendation for settlement of a civil lawsuit. The Township Attorney
shall then present any recommendation of settlement, which must be in the
best interest of the Township, to the Township Council for its approval.
(2) Where a possible conflict exists between the Township
and the public employee, acting within the scope of his official Township
duties, and where both are named as parties in the same civil lawsuit, the
Township Attorney may decline any involvement in the matter.
(3) In circumstances involving litigation or other legal
proceedings between two public employees qualifying for the privileges granted
herein, the Township Attorney will not be required to represent or otherwise
participate on behalf of either party.