Middletown Public Schools                                                                       No. 1061

DEFENSE AND INDEMNIFICATION OF SCHOOL EMPLOYEES

            In accordance with RI Gen. Laws § 9-1-31 (Public School Teachers, Supervisors, and Administrators – Immunity from Liability – Compensation for Certain Injuries – Duty upon School Committees and Board of Regents), any school department employee, including any member of the School Committee, who at any time is threatened to be or is made a party to any threatened, pending or completed action, suit, or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Middletown School Committee) by reason of the fact that he or she is or was a member of the Middletown School Committee or an officer, employee or agent of the Middletown School Department shall be indemnified against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement.

            No indemnification shall be provided, however, unless the act or omission giving rise to the action, suit, or proceeding, was within the scope of the employee's employment, unless the employee or former employee has been determined by the Middletown School Committee to have acted in good faith and without fraud or malice, and unless the employee promptly advises the Board in writing upon being served with any summons, complaint, process, notice, demand or pleading.

            Moreover, no indemnification shall be made in connection with any criminal proceeding in which the employee or former employee shall have been adjudged guilty or entered a plea of nolo contendere unless and only to the extent that the court in which such proceeding was brought shall determine upon application that, despite the adjudication of guilt, in view of all the circumstances of the case, such person is entitled to indemnity for such expenses or fines as the court may deem proper. Any such finding by the court shall be advisory only and shall not be binding on the Middletown School Committee.

            No indemnification shall be provided for attorneys' fees or other expenses not specifically approved in writing in advance by the Middletown School Committee. The Board reserves the right to provide legal counsel for the benefit of any employee or former employee and to negotiate, settle or otherwise manage the defense of any action, suit, or proceeding on the employee or former employee's behalf. If any employee or former employee fails to completely cooperate with the Middletown School Committee or its representatives the employee or former employee shall forfeit any right to indemnification.

HISTORY:  Series 9000

Revision – January 15, 2009