[HISTORY: Adopted by the Mayor and Council of the Township of Clinton 11-8-2000 by Ord. No. 736-00. Amendments noted where applicable.]
Personnel policies — See Ch. 29.
As used in this chapter, the following terms shall have the meanings indicated:
- Any officer, employee, agent or servant, whether or not compensated or part-time, who is authorized to perform any act or service.
It is the policy of the Township to provide full and complete protection to all of its employees from and against any and all suits, claims and demands in regard to their respective activities arising out of and related to their public duties and public employment to the maximum extent permitted by law (N.J.S.A. 59:10-4) and in accordance with the following standards:
Whenever an employee of the Township is a defendant in any action or legal proceeding arising out of or incidental to the performance of his or her duties, the Township will provide said employee with necessary means for the defense of such action or proceeding through the Township Attorney or other counsel selected by the Township, but not for his or her defense in a disciplinary proceeding instituted against him or her by the Township, or in a criminal proceeding instituted as a result of a complaint on behalf of the Township. If any such disciplinary or criminal proceeding instituted by or on complaint of the Township shall be dismissed or finally determined in favor of the employee, he or she shall be reimbursed for the reasonable expense of his or her defense (up to the hourly rate of the Township Attorney). In no event shall there be reimbursement hereunder for any disciplinary or criminal proceeding instituted against an employee by or on complaint of the Township, unless the matter has been assigned for investigation by the Township Attorney, Special Township Attorney, or at formal hearing before the Township Council, as a whole, and there is a determination that such reimbursement is justified.
The Township will indemnify any such employee defendant and hold him or her harmless from any award of monetary damages in such legal proceeding and from any and all legal costs and expenses incurred in connection with such action regardless of the limits of insurance coverage available to the Township.
In any such legal proceeding, the Township will waive any rights for contribution, indemnification or reimbursement, from such employee on account of any monetary damages awarded against such employee or for any legal expense or other costs incurred in connection with any such actions, whether or not such amount exceeds insurance coverage available to the Township.
The Township will not be responsible for legal costs and expenses incurred by any such employee relative to the retention of separate counsel on behalf of said employee unless the Township specifically approved the nature of costs and separate counsel retained by the employee in advance together with the fees and costs that can be anticipated.
None of the rights and benefits outlined above shall be afforded to an employee if it is established that his or her conduct was outside the scope of his or her employment or constituted a crime, actual fraud, actual malice or willful misconduct.