[HISTORY: Adopted by the Township Council of the Township
of Jackson 12-26-2006 by Ord. No. 32-06 (Ch. 24). Amendments
noted where applicable.]
Pursuant to the provisions of N.J.S.A. 59:10-4, the Township of Jackson authorizes the indemnification of each Township public official, as defined in § 22-3 of this chapter, who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a public official of the Township of Jackson, against any claims, losses, expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding to the full extent permitted under the laws of the State of New Jersey.
A.
Expenses incurred in defending a civil or criminal action, suit or
proceeding shall be paid by the Township in advance of the final disposition
of such action, suit or proceeding to the extent authorized by the
Township in accordance with the laws of the State of New Jersey.
B.
Notwithstanding the foregoing, nothing herein shall require the Township
to pay for punitive or exemplary damages or any damages resulting
from the commission of a crime or any act involving actual fraud,
actual malice, dishonesty, willful misconduct or an intentional wrong,
or any willful violation of any federal, state or local statute, ordinance,
rule, regulation, agreement or judicial or regulatory order. In such
a case, the public official of the Township shall be required to establish
that the act or omission upon which the claim or judgment is based
occurred within the scope of his or her official action or employment
as a public official or employee of the Township of Jackson and that
it was not the result of an act or failure to act constituting a crime,
actual fraud, actual malice, dishonesty, willful misconduct or an
intentional wrong, or any willful violation of any federal, state
or local statute, ordinance, rule, regulation, agreement or judicial
or regulatory order.
As used in this chapter, the following terms shall have the
meanings indicated:
All persons who were, now are or shall be lawfully appointed
or elected officials of the Township of Jackson while acting within
the scope of their official duties. The term "public official" shall
include members of such commissions, boards or other units operating
by and under the jurisdiction of Jackson Township and within an appointment
of the total operating budget of Jackson Township, while acting within
the scope of their official duties. The term "public official" shall
also include employees who may be responsible to the Township of Jackson
or its commissions, boards or other units. "Public official" does
not mean and does not apply to any officials, members or employees
of any board of education, municipal utilities authority or other
agency outside the jurisdiction of the governing body of the Township
of Jackson. With the exception of full-time engineers employed on
staff by the Township of Jackson, the term "public employee" shall
not include any person working on retainer nor any independent contractor
or professional services contractor, nor shall the term "public employee"
be construed to include any person performing services which are covered
by, connected with, or supervised by any court, penal or law official
or institution.
