[HISTORY: Adopted by the Township Council of the Township
of Saddle Brook 3-8-2012 by Ord. No. 1525-12. Amendments noted
where applicable.]
Except as hereinafter provided, the Township of Saddle Brook,
hereinafter known as the "Township," shall, upon the request of any
present or former official, employee or appointee of the Township,
provide for indemnification and legal defense of any civil action
brought against said person or persons arising from an act or omission
falling within the scope of his or her public duties.
A.Â
The Township shall not indemnify any person against the payment of
punitive damages, penalties, or fines but may provide for the legal
defense of such claims in accord with the standards set forth herein.
B.Â
The Township may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Township Council determines
that:
(1)Â
The act or omission did not occur within the scope of a duty authorized
or imposed by law;
(2)Â
The act or failure to act was the result of actual fraud, willful
misconduct or actual malice of the person requesting defense and indemnification;
or
(3)Â
The defense of the action or proceeding by the Township would create
a conflict of interest between the Township and the person or persons
involved.
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense
provided for in this chapter shall include exemplary or punitive damages
resulting from the employee's civil violation of state or federal
law if, in the opinion of the Township Council, the acts committed
upon which the damages are based did not constitute actual fraud,
actual malice, willful misconduct or an intentional wrong.
The terms of this chapter and the definition of "official, employee
and appointee" are to be construed liberally in order to effectuate
the purposes of this chapter, except that these terms shall not mean:
A.Â
Any person who is not a natural person;
B.Â
Any person while providing goods or services of any kind under any
contract with the Township, except an employment contract;
C.Â
Any person while providing legal or engineering services for compensation,
unless said person is a full-time employee of the Township; and
D.Â
Any person who, as a condition of his or her appointment or contract,
is required to indemnify and defend the Township and/or secure insurance.
A.Â
The Township of Saddle Brook shall provide for defense of and indemnify
any present or former official, employee or appointee of the Township
who becomes a defendant in a civil action if the person or persons
involved:
B.Â
For purposes of this chapter, the duty and authority of the Township
to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
C.Â
In any other action or proceeding, including criminal proceedings,
the Township may provide for the defense of a present or former official,
employee or appointee if the Township Council concludes that such
representation is in the best interest of the Township and that the
person to be defended acted or failed to act in accord with the standards
set forth in this chapter.
Whenever the Township Council provides for the defense of any
action set forth herein and as a condition of such defense, the Township
Council may assume exclusive control over the representation of such
persons defended, and such person shall cooperate fully with the Township.
The Township may provide for the defense pursuant to this chapter
by authorizing its Attorney to act in behalf of the person being defended
or by employing other counsel for this purpose or by asserting the
right of the Township under any appropriate insurance policy that
requires the insurer to provide defense.