[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.
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:
A.
The act or omission was not within the scope of employment.
B.
The act or failure to act was because of actual fraud,
willful misconduct or actual malice.
C.
The defense of the action or proceeding would create
a conflict of interest between the Township and the public employee.
D.
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.
E.
The legal proceeding was instigated or brought by
the public employee.
F.
The legal proceeding was instigated or brought by
the Township of Sandyston against the public employee.
G.
The legal proceeding involves a question concerning
the election laws.
H.
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.
I.
The public employee has failed to cooperate fully
with the defense.
J.
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.
A.
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:
(1)
Any bona fide settlement agreements entered into by
the Township on behalf of the employee.
(2)
Any judgments entered against the employee.
(3)
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.
B.
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.
C.
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.
