[Ord. #1599, 12-10-2002, added]
a. Except as hereinafter provided, the Township of Bernards
shall, upon the request of any present or former official, employee
or appointee of Bernards Township, provide indemnification and legal
defense of any civil action brought against said person or persons
arising from an act or omission falling within the scope of their
public duties.
b. For the purposes of this section, Bernards Township's
duty and authority to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
c. The terms of this section and the definitions of "official,"
"employee" and "appointee" are to be construed liberally in order
to effectuate the purposes of this section.
d. Bernards Township may indemnify a person for exemplary
or punitive damages resulting from that person's civil violation of
state or federal law, if, in the opinion of Bernards Township Committee,
the acts committed by the person to be indemnified upon which the
damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
[Ord. #1599, 12-10-2002, added]
a. Bernards Township shall provide for the defense of
and indemnify the defendant or defendants in a civil action if the
person or persons involved:
1. Acted or failed to act in a matter in which the Township
has or had an interest.
2. Acted or failed to act in the discharge of a duty
imposed or authorized by law.
3. Acted or failed to take action in good faith.
b. Bernards Township may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Bernards Township Committee determines that:
1. The act or omission did not occur within the scope
of a duty authorized or imposed by law;
2. The act or failure to act was the result of actual
fraud, willful misconduct or actual malice of the person requesting
defense and indemnification; or
3. The defense of the action or proceeding by Bernards
Township would create a conflict of interest between Bernards Township
and the person or persons involved.
[Ord. #1599, 12-10-2002, added]
In any other action or proceeding, including criminal proceedings, Bernards Township may provide for the defense of a present or former official, employee or appointee if the Bernards Township Committee concludes that such representation is in the best interest of Bernards Township and that the person to be defended acted or failed to act in accord with the standards set forth in Subsection
2-21A.2, the Civil Proceedings section of this section.
[Ord. #1599, 12-10-2002, added]
Whenever Bernards Township provides for the
defense of any action set forth herein and as a condition of such
defense, Bernards Township may assume exclusive control over the representation
of such person defended, and such person shall cooperate fully with
the Township.
[Ord. #1599, 12-10-2002, added]
Bernards Township may provide for the defense
pursuant to this section by authorizing the Municipal Attorney to
act in behalf of the person being defended, or by employing other
counsel for this purpose, or by asserting Bernards Township's right
under any appropriate insurance policy that requires the insurer to
provide the defense.