It is the intent and purpose of this chapter
to provide for the indemnification and defense of actions against
certain public officials and employees as described herein.
For the purposes of this chapter, unless the
context clearly indicates a different meaning, the following words
and phrases shall be defined as set forth:
INSURANCE
Coverage afforded by insurance of every kind, whether the
premium is paid by the Township, the municipal official or someone
on their behalf.
MUNICIPAL OFFICIAL
Any officer or official, employee, Council member, Mayor,
Board member or other individual appointed or hired by the Township
Committee, whether full- or part-time. The terms shall also include
any volunteer serving the Township on the Recreation Commission or
as a coach or assistant on a team organized under the auspices of
the Recreation Commission, member of the Volunteer Fire Department
or member of the Ambulance Corps. The term shall also include any
person elected by the voters to fill any position in the Township
or any person subsequently appointed to fill such position.
[Amended 7-21-2004 by Ord. No. 909-04; 12-16-2015 by Ord. No. 1092-15]
The Township shall not be required to provide
any defense when the governing body determines that:
A. The act or omission was not within the scope or incidental
to the duties of the public official.
B. The act or failure to act was the result of actual
fraud, actual malice, willful misconduct or an intentional wrong.
C. The defense of the action or proceedings is provided
for by an insurance, whether obtained by the Township or by any other
person or entity.
D. Where the action has been brought by the municipality
itself against the public official or where the action is a criminal
proceeding.
E. Where the public official has failed to provide to
the Township, within 10 calendar days after the time the public official
is served with any summons, complaint, process, notice, demand or
pleading, the original or a copy thereof.
F. Where the public official has failed to cooperate
fully with the defense.
With exception to §
8-6 of this chapter, which specifically provides for the appointment of attorneys on behalf of police officers, the Township may provide any defense required of it under this chapter through the attorney from its own staff or by employing other counsel. The Township shall in no event be responsible for the cost of attorney's fees incurred by anyone unless it shall agree, in writing, to the terms of the representation.
Whenever the Township provides any defense required
of it under this chapter, the Township, through counsel, may assume
exclusive control over representation of the municipal official, and
such official shall cooperate fully with the defense.