§ 45-15-16 - Indemnity of public officials, employees, or elected officials.
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 firedistrict officials, public employees, fire district employees, officials,members of boards, agencies and commissions appointed by town councils or anyfire district or by any other person exercising appointing authority delegatedto them by the town council; whether or not the police officers, firefighters,elected or appointed fire district officials, employees, officials, or membersare paid, from all loss, cost, expense, and damage, including legal fees andcourt 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 erroror misstatement or action or omission, or neglect or violation of the rights ofany person under any federal or state law, including misfeasance, malfeasance,or nonfeasance or any act, omission, or neglect contrary to any federal orstate 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 orneglect, was acting within the scope of his or her official duties oremployment. The municipality or any fire district may decline to indemnify anyelected or appointed fire district official, employee, official, or member forany 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. Theindemnity shall be provided by the city or town council or any fire district ona case by case basis or by ordinance of general application. The ordinance oragreement to indemnify shall include, among other things, the provision oflegal counsel at the expense of the city or town and/or the reimbursement forattorneys' fees and other expenses incurred in connection with the conduct ofthe defense, including payment of the judgment. Any city or town council or anyfire district may establish a fund into which it may deposit moniesappropriated, from time to time, and the fund may be used to defer the costsincurred by any city or town in carrying out the purposes of this section. Theamounts contained in that fund at the end of any fiscal year may be carriedforward to subsequent fiscal years without any reappropriation except asotherwise shall be specifically provided by the ordinance creating that fund orfunds. City or town councils shall extend the indemnity contained in thissection to members of the school committee and any other person employed by theschool 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 iscompensated for his or her services.