[HISTORY: Adopted by the Township Committee of the Township of Alexandria 5-13-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 23.
Board of Health — See Ch. 26.
Officers and employees — See Ch. 33.
Police Department — See Ch. 37.
Board of Commissioners — See Ch. 44.
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meanings set forth:
INSURANCE
Coverage afforded by insurance policies of every kind whether the premiums be paid by the municipality, the municipal official or someone on his or her behalf. The municipality shall not be obligated to carry such insurance.
MUNICIPAL GOVERNING BODY
The Township Committee of the Township of Alexandria or its successor governing body.
MUNICIPALITY
The Township of Alexandria in Hunterdon County, New Jersey.
MUNICIPAL OFFICIAL
Any present or former officer, employee, board or committee member appointed or hired by the municipal governing body, the Mayor or other authorized official of the municipality, whether full- or part-time. The term shall also include any person elected by the voters to fill any official position in the municipality or any person subsequently appointed to fill such position.
Upon compliance with and subject to the provisions of this chapter, the municipality shall reimburse a municipal official for all expenses incurred, specifically including reasonable attorney fees and court costs, and all monetary judgments imposed upon him or her in any action or legal proceeding of a noncriminal nature arising out of or incidental to the performance of the duties of the position or office held by such municipal official. The municipality shall indemnify a municipal official for exemplary or punitive damages resulting from the municipal official's civil violation of state or federal law if, in the opinion of the municipal governing body, the acts committed by the municipal official upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong (N.J.S.A. 59:10-4).
The municipality shall not be obligated to provide reimbursement in the following instances:
A. 
Where the legal proceeding is instigated or brought by the municipal official.
B. 
Where the municipal official has been specifically found by the trier of fact in any proceeding, civil or criminal, to have acted with actual fraud, actual malice or willful misconduct, or to have committed a crime.
C. 
Where the legal proceeding or matter is instigated or brought by the municipality against the municipal official.
D. 
Where the legal proceeding involves a question concerning the election laws.
E. 
Where the legal proceeding involves an act or omission which was not within the scope of the municipal official's powers, duties or employment.
F. 
Where the municipal official is found to have acted in violation of the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) or the regulations pursuant thereto, or any municipal code of ethics, or any other applicable ethical standard.
The amount the municipality is obligated to reimburse the municipal official shall be reduced by any insurance coverage payable to the municipal official and by the net amount (recovery less attorney fees, disbursements and court costs) of any money received by the municipal official in any counteraction against the person or persons bringing the action against him or her.
A municipal official shall not be entitled to indemnification or reimbursement pursuant to this chapter unless, within 10 calendar days of the time he or she is served with any summons, complaint, process, notice, demand or pleading, he or she delivers the original or a copy thereof to the Municipal Attorney. The municipal official shall be obliged to cooperate with the municipality in the conduct of his or her defense. Whenever competent and disinterested legal counsel is available to the municipality through any insurance coverage, the municipal official shall be obliged to be represented by such counsel. If the municipality wishes to use the Municipal Attorney or the attorney for any board or committee of the municipality to defend the action, the municipal official shall be obligated to be represented by that attorney unless there is a conflict of interest. The refusal of the municipal official to cooperate with the municipality shall terminate the municipality's obligation to reimburse the municipal official.
If the legal proceeding is terminated by an agreement among the parties, then the municipality shall not be obligated to reimburse the municipal official unless the municipality approves the settlement agreement.
If the municipal official files a counteraction in the legal proceedings, the municipality shall not be obligated to reimburse him or her for any attorney fees or court cost attributable to such counteraction, and the attorney designated by the municipality shall not be required to prosecute it unless it has been authorized by the municipality.
The municipality may reimburse a municipal official for a portion of expenses incurred prior to a final decision in a legal proceeding, but the municipality shall be entitled to wait for a final determination before being obligated to make any payments.