As used herein, "official" or "Township official"
shall mean a present or former employee, appointee, official, elected
official or member of the various boards, agencies and commissions
of the Township of Mansfield, Warren County, New Jersey.
The Township Committee shall not approve indemnification
of 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 because 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 exist policies of insurance, either obtained
by the Township or by another, by virtue of which the official is
entitled to a defense of the action in question from the insurer.
E. The Township official has failed to deliver to the
Township Committee within 10 days of the time (s)he 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 in the defense of the matter.
F. The official fails to request the defense of any action.
G. If the action was brought by the Township.