[HISTORY: Adopted by the Township Committee
of the Township of Mansfield by Ord. No. 9-82 (§ 2-14 of the 1975 General
Ordinances). Amendments noted where applicable.]
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.
A.
The Township is hereby authorized to provide for the
defense of actions brought against its officials and to indemnify
such officials to the extent hereinafter set forth, and to save harmless
and protect such persons from any financial loss resulting from litigation.
B.
The obligation of the Township to defend and indemnify
its officials 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 officials under the doctrine of respondeat superior.
A.
The Township shall defray the costs of defending any
criminal action against any official, provided:
(1)
It is authorized by state statute, municipal ordinance
or by resolution, and provided the criminal proceedings have been
dismissed, or result in a final disposition in favor of the official.
(2)
The Township Committee determines that there is no
good cause to dismiss the official arising out of the incident or
related incidents of the criminal proceedings.
B.
The Township shall provide for the defense of any
criminal action against any official, provided that it is authorized
by state statute, municipal ordinance or by resolution and such defense
is not herein otherwise limited.
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.
A.
If the Township Committee determines to provide a
defense as authorized in this section, it may:
