[HISTORY: Article I adopted by the Township Committee of the Township of Winslow 5-27-87 as Ord. No. 0-20-87. Amendments noted where applicable.]
Officers and employees generally — See Ch. 46.
Whenever an officer, employee or official of the Township of Winslow is made a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the Township Committee of the Township of Winslow shall provide the officer, employee or official with the necessary defense or, at its option, the means for the defense of such action or proceeding and shall hold said officer, employee or official harmless from any payment, settlement or judgment resulting from the proceeding, except in the following situations:
Where the action has been brought by the township itself against said officer, employee or official; or
Where the officer, employee or official has been specifically found, by the trier of fact in proceedings, civil or criminal, to have acted with actual fraud, actual malice or willful misconduct.
This chapter shall take effect immediately upon adoption and shall apply to all legal proceedings instituted after January 1, 1987, regardless of when the subject matter of the legal proceeding arose.
[Added 7-22-87 by Ord. No. 0-23-87]
Nothing in this chapter shall be interpreted to impair, invalidate or diminish any rights, privileges or immunities which any officer, employee or official of the Township of Winslow shall enjoy as a result of any other law, regulation, ordinance, State statute or State or federal constitutional provision.
[Amended 2-28-95 by Ord. No. 0-5-95]
Whenever a police officer is a defendant in any action or legal proceeding arising out of and directly related to the lawful exercise of police powers in the furtherance of his official duties, the municipality shall provide said officer with necessary means for the defense of such action or proceeding pursuant to N.J.S.A. 40A:14-155, as may be amended from time to time, but not for his defense in a disciplinary proceeding instituted against him by the municipality or in a criminal proceeding instituted as a result of a complaint on behalf of the municipality. If any such disciplinary or criminal proceeding instituted by or on complaint of the municipality shall be dismissed or finally determined in favor of the officer, he shall be reimbursed for the expense of his defense. The officer shall be responsible, when receiving notice of any proceeding(s) against him, to supply copies of same to the Chief of Police and Business Administrator.
The police officer may select an attorney-at-law of the State of New Jersey to represent him or her. If he does so, he must provide written notice to the Chief of Police and Township Business Administrator of the name and address of his attorney no later than five (5) days from the date of his receipt of notice of the legal proceedings. However, the selection of an attorney shall be subject to the approval of the municipality. In the event the municipality and the officer cannot agree with the selection of an attorney, then the officer shall determine whether to accept said representation provided by the municipality or to retain separate counsel at the said police officer's expense.
The municipality shall determine and approve the rate it shall pay the counsel assigned to represent the police officer.
No attorney shall be paid pursuant to this chapter unless the Mayor and Township Committee have authorized his or her services in writing and the police officer has agreed in writing that said private attorney shall not be paid more than the rate determined and approved by the municipality.