[Added 4-11-90 by Ord. No. 90-14]
[Amended 11-22-93 by Ord. No. 93-68]
It is the policy of the Township to provide full and complete
protection to all of its officers and employees from and against any
and all suits, claims, and demands in regard to their respective activities
arising out of and related to their public duties and public employment
to the maximum extent permitted by law and in accordance with the
following standards.
A.Â
Whenever an officer, employee, or member of a Township board, agency,
commission or any other legally constituted body of the government
of the Township of East Brunswick is a defendant in any action or
legal proceeding arising out of or incidental to the performance of
his duties, the governing body of the Township of East Brunswick will
provide said person with necessary means for the defense of such action
or proceeding, but not for his defense in a disciplinary proceeding
instituted against him by the Township of East Brunswick or in a criminal
proceeding instituted against him by the Township of East Brunswick
or in a criminal proceeding instituted as a result of a complaint
on behalf of the Township. If such disciplinary or criminal proceeding
instituted by complaint of the Township of East Brunswick shall be
dismissed or finally determined in favor of such person, he/she shall
be reimbursed for the expense of his/her defense.
B.Â
The Township will indemnify any such person referred to in the previous
paragraph, other than for professional malpractice claims and hold
him/her harmless from any award of monetary damages in any such legal
proceeding and from any and all legal costs and expenses incurred
in connection with such action regardless of the limits of insurance
coverage available to the Township.
[Amended 11-22-93 by Ord. No. 93-68]
C.Â
In any such legal proceeding, the Township will waive any rights
for contribution, indemnification or reimbursement from such person
on account of any monetary damages awarded against such person or
for any legal expense or other costs incurred in connection with any
such action, whether or not such amount exceeds insurance coverage
available to the Township.
D.Â
The Township will not be responsible for legal costs and expenses
incurred by such person relative to the retention of separate counsel
on behalf of said person unless the Township specifically approves
the nature of costs and separate counsel retained by such person in
advance together with the fees and costs that can be anticipated.
E.Â
None of the rights and benefits outlined above shall be afforded
to such person if it is established that his conduct was outside the
scope of his employment or constituted a crime, actual fraud, actual
malice or willful misconduct.
[Added 2-24-97 by Ord. No. 97-6]
Pursuant to N.J.S.A. 40A:14-60 § 63 exempt firemen
who are employees of a municipality may not be terminated for political
reasons, but only for good cause after a fair and impartial hearing.
The Township of East Brunswick wishes to adopt this fair and reasonable
protection for its exempt firemen as part of its Municipal Code. Therefore,
the provisions of N.J.S.A. 40A:14-60 and 40A:14-63 are hereby made
a part of the Municipal Code of the Township of East Brunswick.
