[Ord. #1599, 12-10-2002, added]
a. 
Except as hereinafter provided, the Township of Bernards shall, upon the request of any present or former official, employee or appointee of Bernards Township, provide 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 their public duties.
b. 
For the purposes of this section, Bernards Township's duty and authority to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
c. 
The terms of this section and the definitions of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this section.
d. 
Bernards Township may indemnify a person for exemplary or punitive damages resulting from that person's civil violation of state or federal law, if, in the opinion of Bernards Township Committee, the acts committed by the person to be indemnified upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. #1599, 12-10-2002, added]
a. 
Bernards Township shall provide for the defense of and indemnify the defendant or defendants in a civil action if the person or persons involved:
1. 
Acted or failed to act in a matter in which the Township has or had an interest.
2. 
Acted or failed to act in the discharge of a duty imposed or authorized by law.
3. 
Acted or failed to take action in good faith.
b. 
Bernards Township may refuse to provide for the defense and indemnification of any civil action referred to herein if the Bernards Township Committee 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 Bernards Township would create a conflict of interest between Bernards Township and the person or persons involved.
[Ord. #1599, 12-10-2002, added]
In any other action or proceeding, including criminal proceedings, Bernards Township may provide for the defense of a present or former official, employee or appointee if the Bernards Township Committee concludes that such representation is in the best interest of Bernards Township and that the person to be defended acted or failed to act in accord with the standards set forth in Subsection 2-21A.2, the Civil Proceedings section of this section.
[Ord. #1599, 12-10-2002, added]
Whenever Bernards Township provides for the defense of any action set forth herein and as a condition of such defense, Bernards Township may assume exclusive control over the representation of such person defended, and such person shall cooperate fully with the Township.
[Ord. #1599, 12-10-2002, added]
Bernards Township may provide for the defense pursuant to this section by authorizing the Municipal Attorney to act in behalf of the person being defended, or by employing other counsel for this purpose, or by asserting Bernards Township's right under any appropriate insurance policy that requires the insurer to provide the defense.