Chapter 360

2009 -- S 0324

Enacted 11/13/09

A N A C T

RELATING TO TOWNS AND CITIES -- ACTIONS BY AND AGAINST TOWNS

Introduced By: Senators Maselli, Tassoni, and Ciccone

Date Introduced: February 12, 2009

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 All

town or city councils or any fire district may shall, 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 municipality 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 shall 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 The ordinance or agreement to

indemnify may shall 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 shall be specifically provided by the ordinance creating that fund or funds. City

or town councils are specifically authorized to shall 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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LC01179

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