TITLE 45

Towns and cities

CHAPTER 45-15

Actions by and Against Towns

SECTION 45-15-16



   § 45-15-16  Indemnity of public officials,

employees, or elected officials. –

All town or city council or any fire district 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 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 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. The ordinance or

agreement to indemnify 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 shall be specifically provided by the ordinance creating that fund or

funds. City or town councils 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.



History of Section.

(P.L. 1986, ch. 453, § 1; P.L. 1988, ch. 83, § 1; P.L. 2006, ch. 620,

§ 1; P.L. 2009, ch. 360, § 1; P.L. 2009, ch. 361, § 1.)