Township of West Deptford, NJ Chapter 13A Defense and Indemnification

[HISTORY: Adopted by the Township Committee of the Township of West Deptford 10-7-2015 by Ord. No. 2015-17. Amendments noted where applicable.]

§ 13A-1 General provisions; conditions.

Consistent with the provision of N.J.S.A. 59:10-4 and the Tort Claims Act, the Township of West Deptford shall indemnify and hold its elected officials and/or employees harmless against any judgment for exemplary or punitive damages incurred by them in the defense of an action resulting from the elected officials and/or employees civil violation of state or federal law, including fees and costs and attorney's fees, up through and including any appeals, subject only to the conditions set forth below:

A. The elected officials and/or its employees of the Township of West Deptford must notify the Township of West Deptford as soon as possible as to any action threatened against the elected official and/or employee.

B. The Township of West Deptford reserves the option to defend an elected official and/or employee of the Township of West Deptford or provide the elected official and/or employee with the means for a defense or indemnify the elected official and/or employee for his/her defense.

C. The indemnification shall apply to any action, statements, conduct or any action in which the elected official and/or employee is involved giving rise to the lawsuit, claim and demand, even if it is later decided by a judge or jury to have been unlawful or improper as to the plaintiff; provided, however, that this indemnification shall not apply and shall be totally void and have no effect with respect to any action, statement, conduct or inaction of an elected official and/or employee, giving rise to any such lawsuit, claim and demand:

(1) That was not within the scope of the elected official's and/or employee's employment;

(2) If the act or omission was due to actual fraud, willful misconduct or actual malice; or

(3) That constituted a crime.

D. In the event that it is ultimately determined that the elected official and/or employee of the Township of West Deptford cannot be indemnified per this chapter, then the elected official and/or employee agrees to reimburse the Township of West Deptford for monetary amounts, fees and costs, including attorney's fees, which have been advanced or provided by the Township of West Deptford to the elected official and/or employee or on the elected official's and/or employee's behalf.