[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.]
GENERAL REFERENCES
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:
A.
Where the action has been brought by the township itself against
said officer, employee or official; or
B.
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]
A.
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.
B.
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.
C.
The municipality shall determine and approve the rate it shall pay
the counsel assigned to represent the police officer.
D.
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.
