589.527. Qualified immunity, defense and indemnification.
Qualified immunity, defense and indemnification.
589.527. 1. The Members, officers, executive director and employeesof the Interstate Commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damageto or loss of property or personal injury or other civil liability causedor arising out of any actual or alleged act, error or omission thatoccurred within the scope of Interstate Commission employment, duties orresponsibilities; PROVIDED, that nothing in this paragraph shall beconstrued to protect any such person from suit and/or liability for anydamage, loss, injury or liability caused by the intentional or willful andwanton misconduct of any such person. The Interstate Commission shalldefend the Commission of a compacting state, or his or her representativesor employees, or the Interstate Commission's representatives or employees,in any civil action seeking to impose liability, arising our of any actualor alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities, or that thedefendant had a reasonable basis for believing such act, error or omissionoccurred within the scope of Interstate Commission employment, duties orresponsibilities:
PROVIDED, that the actual or alleged act, error or omission did not resultfrom intentional wrongdoing on the part of such person.
2. The Interstate Commission shall indemnify and hold theCommissioner of a compacting state, the appointed designee or employees,harmless in the amount of any settlement or judgement obtained against suchpersons arising out of any actual or alleged act, error or omission thatoccurred within the scope of Interstate Commission employment, duties orresponsibilities, or that such persons had a reasonable basis for believingsuch act, error or omission occurred within the scope of InterstateCommission employment, duties or responsibilities, provided, that theactual or alleged act, error or omission did not result from grossnegligence or intentional wrongdoing on the part of such person.
(L. 2000 H.B. 1321)Contingent effective date, see § 589.548