[Adopted 10-19-1981 by Ord. No.
37-81 (Sec. 5-9 of the Revised General Ordinances)]
Subject to the limitations set forth in the
subsequent subsections of this article, whenever any civil action
has been or shall be brought against any person (hereinafter referred
to as "employee") holding or formerly holding any office, position
or employment with the Township of Washington for any action or omission
arising out of or in the course of the performance of the duties of
such office, position or employment, the township shall defray all
costs of defending such action, including reasonable counsel fees
and expenses, together with costs of appeal, if any, and shall save
harmless and protect such persons from any financial loss resulting
from the litigation. The Township Attorney, or other attorney selected
by the Mayor with advice and consent of the Township Committee, shall
represent the township official or employee.
The township shall not defray the costs of defending
any criminal action against any municipal employee, except as may
be authorized by state statute or other municipal ordinance or resolution
of the Township of Washington, and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
township determine that there is good cause to dismiss the employee,
arising out of the incident or related incidents of the criminal prosecution,
the township will not reimburse the employee or official for legal
defense and costs of defending the suit, even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
A.
The obligation of the Township of Washington to defend
and indemnify its employees for acts or omissions arising out of or
in the course of the performance of the duties of that person shall
be limited to those circumstances under which the township itself
would be liable for the acts of its employees under the doctrine of
respondent superior, except that the township shall defend any such
officer or employee sued under the Federal Civil Rights Act, provided
that the Mayor and Committee shall not have concluded that such act
or omission was outside the scope of the responsibilities of said
officer or employee.
B.
Furthermore, the township shall not defend and save
harmless any employee committing an intentional or willful act or
willful omission arising out of or in the course of the performance
of the duties of such office, position or employment.
C.
Also specifically excluded from the provisions of
this article are the following classes of employees or former employees:
(1)
Any municipal employee or official providing any form
of professional medical services, such as doctors and nurses, insofar
as said civil action arises out of or concerns those professional
medical services.
(2)
Any part-time professional municipal employee or official
providing contractual services for the township, such as the Township
Attorney, Assistant Attorney and Auditor, insofar as said civil action
arises out of or concerns those professional services. This exclusion
does not pertain to full-time professional employees.
D.
Nothing in this article shall authorize the township
to pay for punitive or exemplary damages resulting from the commission
of a crime.
