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[BIE: Board Member Indemnification]

The members of the Board and its employees and agents act as agents of the District. None of these individuals shall be placed in a position of personal liability for the performance of the responsibilities vested in them by the voters of Manchester or the state or federal government.

In order to protect the individual members of the Board, its employees and other agents, and the educational interest of the community, the District shall purchase, from public school funds, in the absence of governmental immunity or in coordination with governmental immunity, adequate insurance to indemnify Board members and agents of the District for their official actions in the service to the District.

It is the intent of this policy to provide the members of the Board with the full protection of NH RSA 31:104 which protects board members from civil damages for any vote, resolution, or decision made by that member acting in their official capacity in good faith and within the scope of their authority.

This policy reflects the vote of the Board of School Committee to indemnify and save harmless its members, officers, superintendents, employees and agents from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property, provided the above-reference individuals at the time of the accident resulting in the injury, damage or destruction were acting in the scope of their employment or office. It is also the intent of the Board to indemnify and save harmless its members, officers, superintendents, employees and agents from liability for civil rights suits in accord with NH RSA 31:106 if such act or omission was not committed with malice, and if such above-referenced individuals at the time of the act or omission were acting within the scope of their employment or office.    

Statutory References:

RSA 31:104, Liability of Municipal Executives

RSA 31:105, Indemnification for Damages

RSA 31:106 Indemnification of Civil Rights Suits

RSA 31:107 Purchase of Insurance

RSA 507:B:2 Liability for Negligence; B:4 Limitation of Liability

Revised from: 7/8/02, January 7, 2014

First Reading Policy Committee     : August 16, 2023    

Second Reading and Approval BOSC: August 28, 2023