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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