Chapter 620

2006 -- H 7816 SUBSTITUTE A

Enacted 07/14/06

A N A C T

RELATING TO CITIES AND TOWNS

Introduced By: Representative Donald J. Lally

Date Introduced: February 28, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-15-16 of the General Laws in Chapter 45-15 entitled "Actions

by and Against Towns" is hereby amended to read as follows:

45-15-16. Indemnity of public officials, employees, or elected officials. -- Any town or

city council or any fire district may, by ordinance or otherwise, indemnify any and all police

officers, firefighters, elected or appointed fire district officials, public employees, fire district

employees, officials, members of boards, agencies and commissions appointed by town councils

or any fire district or by any other person exercising appointing authority delegated to them by the

town council; whether or not the police officers, firefighters, elected or appointed fire district

officials, employees, officials, or members are paid, from all loss, cost, expense, and damage,

including legal fees and court costs, if any, arising out of any claim, action, compromise,

settlement, or judgment by reason of any intentional tort or by reason of any alleged error or

misstatement or action or omission, or neglect or violation of the rights of any person under any

federal or state law, including misfeasance, malfeasance, or nonfeasance or any act, omission, or

neglect contrary to any federal or state law which imposes personal liability on any police

officers, firefighters, elected or appointed fire district official, employee, official, or member, if

the elected or appointed fire district official, employee, official, or member, at the time of the

intentional tort or act, omission or neglect, was acting within the scope of his or her official duties

or employment. The town council or any fire district may decline to indemnify any elected or

appointed fire district official, employee, official, or member for any misstatement, error, act,

omission, or neglect if it resulted from willful, wanton, or malicious conduct on the part of the

police officers, firefighters, elected or appointed fire district official, employee, official, or

member. The indemnity may be provided by the city or town council or any fire district on a case

by case basis or by ordinance of general application. Any ordinance or agreement to indemnify

may include, among other things, the provision of legal counsel at the expense of the city or town

and/or the reimbursement for attorneys' fees and other expenses incurred in connection with the

conduct of the defense, including payment of the judgment. Any city or town council or any fire

district may establish a fund into which it may deposit monies appropriated, from time to time,

and the fund may be used to defer the costs incurred by any city or town in carrying out the

purposes of this section. The amounts contained in that fund at the end of any fiscal year may be

carried forward to subsequent fiscal years without any reappropriation except as otherwise may

be specifically provided by the ordinance creating that fund or funds. City or town councils are

specifically authorized to extend the indemnity contained in this section to members of the school

committee and any other person employed by the school department of any city or town and any

person appointed to any board, agency, or commission by the school committee, whether or not

the person is compensated for his or her services.

     SECTION 2. This act shall take effect upon passage.

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LC02476/SUB A

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