Subject to the limitations hereinafter set forth, whenever any civil
action has been or shall be brought against any person (hereinafter referred
to as an "employee") holding or formerly holding any office, position or employment
with the Township of Colts Neck 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 Attorney or other attorney
selected by the Township Committee shall represent the township official or
employee.
The township shall not defray the cost 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 Colts Neck,
and, in those circumstances, the responsibility for defraying the cost of
defending such employee shall be applicable only when such criminal proceeding
shall have been dismissed or resulted 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.
[Amended 12-12-1991]
The obligation of the Township of Colts Neck 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 respondeat superior, except that the township shall
defend any such officer or employee sued under the Federal Civil Rights Act,
provided that the Township Committee shall not have concluded that such act
or omission was outside the scope of the responsibilities of said officer
or employee.
A. The township shall not defend and save harmless any employee
committing a willful and/or wanton act or willful and/or wanton omission arising
out of or in the course of the performance of the duties of such office, position
or employee.
B. Specifically excluded from the provisions of this chapter
are the following classes of employees or former employees:
(1) Any part-time professional municipal employee or official
providing contractual services for the township, such as the Township Attorney,
the Planning Board Attorney, the Attorney for the Zoning Board of Adjustment,
the Township Engineer and the Township Auditor, insofar as said action arises
out of or concerns those professional services. Nothing herein, however, shall
be construed as preventing the Associate Township Planner from receiving the
benefits set forth in this chapter.
(2) 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 the professional medical services.