[Adopted 1-22-1979 by Ord. No. 957]
Pursuant to said statutory authority[1] and subject to and consistent with the provisions of said New Jersey Tort Claims Act, the Township hereby indemnifies its employees, appointees and officials and former employees, appointees and officials in accordance with the indemnification provisions applicable by statute to all state employees, except with respect to liability for any act or omission described in § 30-8 of this article.
[1]
Editor's Note: The statutory authority referred
to here is included in the preamble of the ordinance included in this
article, which reads as follows: "WHEREAS, the New Jersey Tort Claims
Act (N.J.S.A. 59:1-1 et seq.; L. 1972, c.45) empowers, at § 59:10-4
thereof, all local public entities to indemnify local public employees
consistent with the provisions of said Act; "WHEREAS, said New Jersey
Tort Claims Act provides, at § 59:2-2 thereof, that a public
entity is liable for injury proximately caused by an act or omission
of a public employee within the scope of his employment in the same
manner and to the same extent as a private individual under like circumstances
("injury" being defined at § 59:1-3 thereof to mean death,
injury to a person, damage to or loss of property or any other injury
that a person may suffer that would be actionable if inflicted by
a private person), but also provides, at § 59:2-10 thereof,
that a public entity is not liable for the acts or omissions of a
public employee constituting a crime, actual fraud, actual malice
or willful misconduct; now, therefore,"
Indemnification under this article shall apply
to the following, among other things (the listing of which is not
intended to limit in any way the scope of indemnification):
A.
Liability for an injury resulting from the exercise
of judgment or discretion vested in an employee, appointee or official
or a former employee, appointee or official.
B.
Liability for legislative or judicial action or inaction
or administrative action or inaction of a legislative or judicial
nature.
C.
Liability for the exercise of discretion in determining
whether to seek or whether to provide the resources necessary for
the purchase of equipment, the construction or maintenance of facilities,
the hiring of personnel and in general, the provision of adequate
governmental services.
D.
Liability for the exercise of discretion when, in
the face of competing demands, an employee, appointee or official
determines or a former employee, appointee or official determined
whether and how to utilize or apply existing resources, including
those allocated for equipment, facilities and personnel.
E.
Liability arising out of the acts or omissions of
an employee, appointee or official or a former employee, appointee
or official in carrying out his or her ministerial functions.
Indemnification under this article shall not
apply, however, to any liability for an act or omission constituting
a crime, actual fraud, actual malice or willful misconduct. "Willful
misconduct," as used in this article, includes but is not limited
to acting knowingly and clearly outside the scope of one's authority.
The indemnity provided by this article shall
apply only in excess of all insurance, regardless of the ownership
of such insurance, against any loss or losses covered by the indemnity
provided by this article.
The township shall defend every employee, appointee
and official and former employee, appointee and official indemnified
under the terms of this article to the greatest extent permitted by
law, provided that said employee, appointee or official or former
employee, appointee or official reasonably cooperates in his or her
own defense. Said employee, appointee or official or former employee,
appointee or official may join in his or her own defense, provided
that he or she does so at no cost or expense to said township, and
provided, further, that the joining in said defense does not materially
interfere with, delay, impede or weaken the defense provided by the
Township under the terms of this article.
