Section 25-33.5-10-12 - Immunity; defense in civil actions; indemnification(a) The:(5) representatives; of the commission shall be immune from each suit and liability, either personally or in the individual's official capacity, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities as long as nothing may be construed to protect any individual from a suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of the individual.
(b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of the commission employment, duties, or responsibilities, provided that: (1) nothing shall be construed to prohibit the individual from retaining the individual's own counsel; and(2) the actual or alleged act, error, or omission did not result from the individual's intentional or willful or wanton misconduct.(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against the individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful or wanton misconduct by the individual.Added by P.L. 65-2022,SEC. 2, eff. 7/1/2022.