A. 
Pursuant to the provisions of N.J.S.A. 59:10-4, the Township is hereby authorized to defend and/or indemnify its officials and employees for claims brought against such officials and employees which arise from the lawful discharge of their Township responsibilities and employment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
For purposes of this article, the following terms shall have the meanings indicated:
EMPLOYEES
All other individuals employed in the service of the Township.
TOWNSHIP OFFICIALS
The governing body and officers of the Township.
The defense and/or indemnification of an action shall not be approved under the following conditions:
A. 
The act or omission which is the subject of the claim was not within the scope of employment and/or authority.
B. 
The act or omission which is the subject of the claim was due to actual fraud, willful misconduct or actual malice.
C. 
The defense of said action would result in a conflict of interest between the Township and the official or employee involved.
D. 
There is, in existence, an insurance policy through which the Township official or employee would be entitled to a defense of the action from the insurer.
E. 
The Township official has failed to advise the Mayor and/or Township Council, or the employee has failed to advise the Business Administrator, within 10 working days of the receipt of any summons, complaint, notice or pleading in the action brought against him.
F. 
The Township official or employee fails to fully cooperate with the Township in the defense of the action.
The Township shall indemnify Township officials or employees for compensatory damages, and may indemnify for punitive damages, resulting from the official's or employee's civil violation of state or federal law if, in the opinion of the Mayor and/or Business Administrator, the acts committed by the official or employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.
The Township shall have the option of either retaining counsel of its choice to defend said Township official or employee, or reimbursing said Township official or employee for reasonable attorney's fees expended by said Township official or employee in his or her defense.
All actions or legal proceedings against a Township employee arising out of or incidental to the performance of his duties shall be defended at the Township's expense on the employee's behalf, except for disciplinary actions or criminal proceedings instituted by the Township against the employee.
A. 
Such actions or legal proceedings shall be forwarded immediately, upon receipt, to the Business Administrator by the employee.
B. 
The Business Administrator shall refer the matter to appropriate counsel who shall provide a defense to the employee through assignment of an attorney to represent the employee.[1]
[1]
Editor’s Note: Former Art. XXIV, Workplace Policies, as amended, which immediately followed this section, was repealed 1-22-2018 by Ord. No. 18-001.