Sec. 7-101a. Protection of municipal officers and municipal employees from damage suits. Reimbursement of defense expenses. Liability insurance. Time limit for filing notice and commencement of action
Sec. 7-101a. Protection of municipal officers and municipal employees from
damage suits. Reimbursement of defense expenses. Liability insurance. Time limit
for filing notice and commencement of action. (a) Each municipality shall protect
and save harmless any municipal officer, whether elected or appointed, of any board,
committee, council, agency or commission, including any member of a local emergency
planning committee appointed from such municipality pursuant to section 22a-601, or
any municipal employee, of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by
reason of alleged negligence, or for alleged infringement of any person's civil rights,
on the part of such officer or such employee while acting in the discharge of his duties.
(b) In addition to the protection provided under subsection (a) of this section, each
municipality shall protect and save harmless any such municipal officer or municipal
employee from financial loss and expense, including legal fees and costs, if any, arising
out of any claim, demand or suit instituted against such officer or employee by reason
of alleged malicious, wanton or wilful act or ultra vires act, on the part of such officer
or employee while acting in the discharge of his duties. In the event such officer or
employee has a judgment entered against him for a malicious, wanton or wilful act in
a court of law, such municipality shall be reimbursed by such officer or employee for
expenses it incurred in providing such defense and shall not be held liable to such officer
and employee for any financial loss or expense resulting from such act.
(c) Each such municipality may insure against the liability imposed by this section
in any insurance company organized in this state or in any insurance company of another
state authorized to write such insurance in this state or may elect to act as self-insurer
of such liability.
(d) No action shall be maintained under this section against such municipality or
employee unless such action is commenced within two years after the cause of action
therefor arose nor unless written notice of the intention to commence such action and
of the time when and the place where the damages were incurred or sustained has been
filed with the clerk of such municipality within six months after such cause of action
has accrued.
(e) For the purposes of this section "municipality" means any town, city, borough,
consolidated town and city, consolidated town and borough, district, district department
of health, or authority established by the general statutes, a special act or local law,
ordinance or charter or any public agency.
(1971, P.A. 726; P.A. 75-408, S. 1; P.A. 77-399; P.A. 80-403, S. 9, 10; P.A. 89-212, S. 11; 89-378.)
History: P.A. 75-408 included both elected and appointed members and included members of councils as well as of
board, committees and commissions in indemnification and added claims arising from infringement of civil rights; P.A.
77-399 substituted "municipal officer" for "member" and included officers of agencies and full-time municipal employees,
inserted new provisions re protection against alleged malicious, wanton, wilful etc. acts as Subsec. (b), making previous
provisions Subsecs. (a) and (c); P.A. 80-403 added Subsec. (d) re limits on notice and commencement of action; P.A. 89-212 amended Subsec. (a) to include members of local emergency planning committees in indemnification; P.A. 89-378
substituted "municipality" for "town, city, borough, consolidated town and city and consolidated town and borough",
added Subsec. (e) defining municipality, extended the protection to part-time employees, and provided for reimbursement
to a municipality if a judgment is entered against an officer or employee for a malicious, wanton or wilful act.
See Sec. 52-557n re liability of an employee, officer or agent of a political subdivision of the state.
Statute to be given prospective application only. 190 C. 77. Cited. 197 C. 9. Statute does not apply to suits brought by
municipalities against their own officers. 200 C. 367. Cited. 214 C. 632. Cited. 221 C. 149. Cited. 223 C. 731. Cited. 229
C. 716. Cited. 237 C. 501.
Cited. 1 CA 709. Cited. 4 CA 216. Cited. 28 CA 277. Cited. 38 CA 546.
Cited. 41 CS 548.
Subsec. (d):
Cited. 39 CS 102. Cited. 41 CS 420. Cited. 44 CS 477.