241 – Board Member Liability

Board members are not personally liable for claims based upon an act or omission performed in the discharge of the members’ duties, except for acts or omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit.

The District shall defend, save harmless, and indemnify Board members and officers against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their employment or duties, except for punitive damages for which a member or officer is liable only if the member or officer acted with actual malice or with willful, wanton and reckless misconduct.

The District shall purchase insurance for its directors, which may, at the Board’s discretion, protect its officers and employees from punitive damages.

Date of Revision: November 23, 1992

Legal References: Chapter 670, Code of Iowa


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