[HISTORY: Adopted by the Township Committee of the Township of Sandyston 1-5-1998 by Ord. No. 6-97. Amendments noted where applicable.]
It is the intent and purpose to provide for the defense of actions against and the indemnification of public employees as permitted by N.J.S.A. 59:10-4 et seq.
The following terms shall have the meanings indicated:
- Any elected or appointed official, board member or committee member or any officer, employee or servant whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
- PUBLIC EMPLOYEE
- Any employee or former employee of the township.
The township shall provide for the defense of any civil action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross action, counterclaim or cross complaint against such employee.
The provisions of § 8-3 shall not be applicable when the Township Committee determines that:
The act or omission was not within the scope of employment.
The act or failure to act was because of actual fraud, willful misconduct or actual malice.
The defense of the action or proceeding would create a conflict of interest between the township and the public employee.
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the township or by any other person.
The legal proceeding was instigated or brought by the public employee.
The legal proceeding was instigated or brought by the Township of Sandyston against the public employee.
The legal proceeding involves a question concerning the election laws.
The public employee failed to deliver to the Township Committee within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same.
The public employee has failed to cooperate fully with the defense.
The public employee fails to request the defense of any action.
The township may provide any defense required of it under this chapter through the township attorney or by employing other counsel. The township shall in no event be responsible for costs or attorney's fees incurred by anyone unless it shall have agreed, in writing, to the terms of the representation.
Whenever the township provides any defense required of it under this chapter, the township, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
In any case where the township is required to provide a defense, the township shall pay or shall reimburse the public employee for the following:
Any bona fide settlement agreements entered into by the township on behalf of the employee.
Any judgments entered against the employee.
If the township has failed, after reasonable notice, to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
In addition, in any case where the township would be required to provide a defense under this chapter, except for the fact that such defense is provided for by insurance, the township shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
Nothing shall authorize the township to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
If any criminal action is instituted against any public employee based upon an act or commission of that officer arising out of and directly related to the lawful exercise of his official duties or under color of his authority, and that action is dismissed or results in a final disposition in favor of that public employee, the township shall reimburse the public employee for the cost of defending the action, including reasonable attorney's fees and costs of trials and appeals.