[HISTORY: Adopted by the Township Council of the Township
of Clark 6-16-2003 by Ord. No. 03-21 (Sec. 2-54 of the 2002 Revised General
Ordinances). Amendments noted where applicable.]
A.
Except as hereinafter provided, the municipality shall, upon the
request of any present or former official, employee or appointee of
the municipality, 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 their public duties.
B.
For purposes of this section, the municipality's duty and authority
to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
C.
The terms of this section and the definitions of "official," "employee"
and "appointee" are to be construed liberally in order to effectuate
the purposes of this section, except that these terms shall not mean:
(1)
Any
person who is not a natural person;
(2)
Any
person while providing goods or services of any kind under any contract
with the municipality;
(3)
Any
person while providing legal or engineering services for compensation,
unless said person is a full- or part-time employee of the municipality;
and
(4)
Any
person who, as a condition of his or her appointment or contract,
is required to indemnify and defend the municipality and/or secure
insurance.
D.
The municipality 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.
A.
The municipality shall provide for the defense of and indemnify the
defendant or defendants in a civil action if the person or persons
involved acted or failed to act in a matter in which the municipality
has or had an interest; acted or failed to act in the discharge of
a duty imposed or authorized by law; and acted or failed to take action
in good faith.
B.
The municipality may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Council determines that
the act or omission did not occur within the scope of a duly authorized
or imposed bylaw; 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 the defense of the action or proceeding
by the municipality would create a conflict of interest between the
municipality and the person or persons involved.
In any other action or proceeding, including criminal proceedings, the municipality may provide for the defense of a present or former official, employee or appointee if the Council concludes that such representation is in the best interest of the municipality and that the person to be defended acted or failed to act in accord with the standards set forth in § 22-2 of this chapter.
Whenever the municipality provides for the defense of any action
set forth herein, as a condition of such defense, the municipality
may assume exclusive control over the representation of such persons
defended, and such person shall cooperate fully with the municipality.
Where such person defended hereunder may be subject to causes of action
which, if proven, could subject said person to punitive damages, penalties,
or fines, said persons shall be entitled to have independent legal
counsel represent them as to those claims in any such proceeding,
at said person's own cost and expense, in which circumstance
counsel appointed by the Township and the person's private counsel
shall jointly have control over the employee's representation
as their respective interest may require.
The municipality may provide for the defense pursuant to this
chapter by authorizing the Municipal Attorney to act on behalf of
the person being defended or by employing other counsel for this purpose
or by asserting the municipality's right under any appropriate
insurance policy that requires the insurer to provide defense.
