Chapter 361
2009 -- H 6209
Enacted 11/13/09
A N A C T
RELATING TO
PUBLIC OFFICIALS, CITY AND TOWN EMPLOYEES AND ELECTED OR APPOINTED OFFICIALS
Introduced By: Representative Donald J. Lally
Date Introduced: May 21, 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.
-- AnyAll
town or city councils or any fire district may
shall, by ordinance or otherwise, indemnify any and
all 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 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 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 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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LC02641
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