[HISTORY: Adopted by the Township Committee of the Township of Plainsboro 5-11-1981 as Ord. No. 0-81-8. Amendments noted where applicable.]
It is the intent and purpose of this chapter to provide for the defense of actions against, and the indemnification of, public employees as permitted by N.J.S.A. 59:10-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- Any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
- PUBLIC EMPLOYEE
- Any employee or former employee of the township.
The township shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend, to any cross action, counterclaim or cross complaint against such employee.
The provisions of § 12-3 shall not be applicable when the Township Committee determines that:
The act or omission was not within the scope of employment;
The act or failure to act was because of actual fraud, willful misconduct or actual malice;
The defense of the action or proceeding would create a conflict of interest between the township and the public employee;
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the township or by any other person;
The public employee failed to deliver to the Township Administrator, within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same; or
The public employee has failed to cooperate fully with the defense.
The township may provide any defense required of it under this chapter through an attorney from its own staff or by employing other counsel.
Whenever the township provides any defense required of it under this chapter, the township, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
[Amended 8-8-1988 by Ord. No. 0-88-21] In any case where the township is required to provide a defense under this chapter, the township shall pay or shall reimburse the public employee for:
Any bona fide settlement agreements entered into by the employee.
Any judgments entered against the employee.
Any exemplary or punitive damages resulting from the employee's civil violation of state or federal law if, in the opinion of the Township Committee, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
If the township has failed to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
In addition, in any case where the township would be required to provide a defense under this chapter, except for the fact that such defense is provided for by insurance, the township shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
Nothing in this chapter shall authorize the township to pay for punitive or exemplary damages or damages resulting from the commission of a crime.