As used in this chapter, the following terms shall have the meanings
indicated:
OFFICIAL or MUNICIPAL OFFICIAL
A present or former Township employee, appointee, official, elected
official or member of the various boards, agencies and commissions of the
Township.
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.