[HISTORY: 1988 Code §§ 11A-1—11A-3 adopted
as amended through December 31, 2013. Amendments noted where applicable]
Subject to the limitations set forth in the subsequent sections
of this chapter, whenever any civil action has been or shall be brought
against any person, hereinafter referred to as "employee," holding
or formerly holding any office, appointed position or employment with
the Township of Wayne for any action or omission arising out of or
in the course of the performance of the duties of such office, position
or employment, the Township shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with
costs of appeal, if any, and shall save harmless and protect such
persons from any financial loss resulting from the litigation.
The Township shall not defray the costs of defending any criminal
action against any municipal employee, except as may be authorized
by state statute or other municipal ordinance or resolution of the
Township of Wayne, and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
Township determine that there is good cause to dismiss the employee,
arising out of the incident or related incidents of the criminal prosecution,
the Township will not reimburse the employee or official for legal
defense and costs of defending the suit even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
A.
The obligation of the Township of Wayne to defend and indemnify its
employees for acts or omissions arising out of or in the course of
the performance of the duties of that person shall be limited to those
circumstances under which the Township itself would be liable for
the acts of its employees under the doctrine of respondent superior,
except that the Township shall defend any such officer or employee
sued under the Federal Civil Rights Act, provided that the Mayor and/or
Township Council shall not have concluded that such act or omission
was outside the scope of the responsibilities of said officer or employee.
B.
Furthermore, the Township shall not defend and save harmless any
employee committing an intentional or willful act or willful omission
arising out of or in the course of the performance of the duties of
such office, position or employment.
C.
Also specifically excluded from the provisions of this chapter are
the following classes of employees or former employees:
(1)
Any municipal employee or official providing any form of professional
medical services, such as doctors and nurses, insofar as said civil
action arises out of or concerns those professional medical services.
