Code Number: 405.1
Employees are not personally liable for claims based upon an act or omission of the employee, exercising due care, in the performance of their duties and responsibilities for the District. In carrying out such duties and responsibilities, employees shall act in good faith.
In accordance with state law, the District shall defend, save harmless and indemnify employees against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties. The duty to indemnify and save harmless does not apply and the District is entitled to restitution by an employee, if, in an action commenced by the District against the employee, it is determined that the conduct of the employee constituted a willful and wanton act or omission. The duty to save harmless and indemnify employees does not apply to awards for punitive damages.
The manner in which a defense is provided is the decision of the Board and will be made in consultation with the District’s legal counsel. The District’s duty to defend an employee may cease if the employee declines the District’s proffered defense and retains private counsel or takes an adverse position. In the event the employee fails to cooperate in the defense against any claim or demand, the District shall have a right of indemnification against the employee.
- First Adoption:
- 1983-07-12
- Revision Adoption:
- March 24, 1998/ February 10, 2004/ August 24, 2009/ June 10, 2013/ November 27, 2017
- Reviewed Dates:
- November 3, 2017
- Legal Reference:
- Iowa Code Ch. 670