[HISTORY: Adopted by the Township Committee
of the Township of Oxford 8-18-2004 by Ord. No. 2004-11. Amendments noted
where applicable.]
Except as hereinafter provided, the Township
of Oxford, hereinafter known as the “Township,” shall,
upon the request of any present or former official, employee or appointee
of the Township, provide for indemnification and legal defense of
any civil action brought against said person or persons arising from
an act or omission falling within the scope of his/her/their public
duties.
The terms of this chapter and the definitions
of “official,” “employee” and “appointee”
are to be construed liberally in order to effectuate the purposes
of this chapter, except that these terms shall not mean:
A.
Any person who is not a natural person;
B.
Any person while providing goods or services of any
kind under any contract with the Township, except an employment contract;
C.
Any person while providing legal or engineering services
for compensation, unless said person is a full-time employee of the
Township; and
D.
Any person who, as a condition of his or her appointment
or contract, is required to indemnify and defend the Township and/or
secure insurance.
A.
The Township shall provide for defense of and indemnify
any present or former official, employee or appointee of the Township
who becomes a defendant in a civil action if the person or persons
involved:
B.
For purposes of this chapter, the duty and authority
of the Township to defend and indemnify shall extend to a cross-claim
or counterclaim against said person.
A.
The Township shall not indemnify any person against
the payment of punitive damages, penalties or fines but may provide
for the legal defense of such claims in accord with the standards
set forth herein.
B.
The Township may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Township Committee of the Township of Oxford determines that:
(1)
The act
or omission did not occur within the scope of a duty authorized or
imposed by law;
(2)
The act
or failure to act was the result of actual fraud, willful misconduct
or actual malice of the person requesting defense and indemnification;
or
(3)
The defense
of the action or proceeding by the Township would create a conflict
of interest between the Township and the person or persons involved.
In any other action or proceeding, including
criminal proceedings, the Township may provide for the defense of
a present or former official, employee or appointee if the Township
Committee of the Township of Oxford concludes that such representation
is in the best interest of the Township and that the person to be
defended acted or failed to act in accord with the standards set forth
in this chapter.
Whenever the Township provides for the defense
of any action set forth herein and as a condition of such defense,
the Township may assume exclusive control over the representation
of such persons defended, and such person shall cooperate fully with
the Township.
The Township may provide for the defense pursuant
to this chapter by authorizing its attorney to act on behalf of the
person being defended or by employing other counsel for this purpose
or by asserting the right of the Township under any appropriate insurance
policy that requires the insurer to provide defense.