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 of Maplewood, Essex County, New Jersey.
The township shall indemnify the costs of defending any criminal action
against its officials, provided that:
A. The township is authorized by state statute, municipal
ordinance or by resolution.
B. The criminal proceeding(s) has been dismissed or results
in a final disposition in favor of the official.
C. The Township Committee determines that there is no good
cause to dismiss the official arising out of the incident or related incidents
of the criminal proceeding(s).
The Township Committee shall not approve indemnification or the defense
of any action if:
A. The act or omission complained of was not within the
scope of employment or authority.
B. The act or omission complained of was the result 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 exists policies of insurance, either obtained by
the township or by another, by virtue of which the township official is entitled
to a defense of the action in question from the insurer.
E. The official has failed to deliver to the Township Administrator
within ten (10) days of the time he/she is served with any summons, complaint,
process, notice, demand or pleading, the original or copy of such document,
or thereafter fails to cooperate with the township or its attorneys in the
defense of the matter.
F. The official fails to request the defense of any action.
G. The action is brought by the township.
If the Township Committee determines to provide a defense in a civil
action as authorized in this chapter, it may do so by:
A. Designating a member of its Law Department;
B. Hiring an attorney of the township's choice and
paying same directly; or
C. Indemnifying the official for a reasonable
attorney's fee expended or obligated to be expended by such official
in defense of the action.