As used in this chapter, the following terms shall have the meanings indicated:
A present or former Township employee, appointee, official, elected official or member of the various boards, agencies and commissions of the Township.
[HISTORY: Adopted by the Township Council of the Township of Bridgewater 11-6-1978 by Ord. No. 78-36. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 59:10-1 et seq., the Township of Bridgewater is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth in this chapter.
The Township Council shall not approve the defense of any action if it determines that:
A.
The act or omission complained of was not within the scope of employment or authority.
B.
The act or omission complained of was because of actual fraud, willful misconduct or actual malice.
C.
The defense of the action or proceeding would create a conflict of interest between the Township and the official involved.
D.
There exist policies of insurance, either obtained by the Township or by another, by virtue of which the municipal official is entitled to a defense of the action in question from the insurer.
E.
The municipal official has failed to deliver to the business administrator within 10 days of the time he or she is served with any summons, complaint, process, notice, demand or pleading the original or a copy of such document or thereafter fails to cooperate with the Township in the defense of the matter.
If the Township Council determines to provide a defense as authorized in this chapter, it may do so either by hiring an attorney of its choice and paying the same directly or by reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the act.