[Adopted as Art. 28 of the Town Bylaws]
A.
Although MGL c. 258, § 2, immunizes all public employees,
including elected officers, from liability "for any injury or loss
of property or personal injury or death caused by his negligent or
wrongful act or omission while acting within the scope of his office
or employment," MGL c. 258, § 9, permits municipalities
to indemnify their employees, acting within the scope of their official
duties or employment, from personal financial loss or expenses, including
legal fees and costs, arising out of intentional torts or civil rights
violations, and MGL c. 258, § 13, obligates the Town, which
accepted § 13, to "indemnify and save harmless municipal
officers, elected or appointed, from personal financial loss and expense
including reasonable legal fees and costs, if any, in an amount not
to exceed one million dollars, arising out of any claim, demand, suit
or judgment by reason of any act or omission...if the official at
the time of such act or omission was acting within the scope of his
official duties or employment"; those sections deal with claims of
third persons against a municipality or an employee or official on
account of the negligence or other wrongful act or omission of the
employee or official. Those sections do not protect the Town Treasurer
and Tax Collector from claims against him and his surety and against
him by his surety for any losses of money which has come into his
possession, even losses resulting without fault on his part. Town
of Mansfield v. Hannaford, 250 Mass. 559, 146 N.E. 39 (1925).
B.
There is no reason why all of the Town officials, including the Treasurer
and Tax Collector and Town employees should not be protected in the
case of an action commenced by a third person against the Town on
account of his or her negligence or other wrongful act or omission,
and the Town Treasurer and Tax Collector should be protected in case
money which comes into his possession is lost through no fault of
his own.
C.
The purpose of this bylaw is to assure the Town Treasurer and Tax
Collector that in case of any loss (except a loss arising out of his
or her own personal and willful malfeasance and defaults), he or she
will be indemnified and saved harmless and that neither he or she
nor any surety company will be sued by the Town on any bond furnished
to the Town, except for his or her own personal and willful malfeasance
and defaults.
The Select Board members are authorized, if they find it in
the public interest so to do, to enter into an agreement with the
Town Treasurer and Tax Collector under the terms of which the Town
would:
A.
Agree to
indemnify and save harmless the Town Treasurer and Tax Collector from
personal financial loss or expense, including reasonable legal fees
and costs, if any, arising out of any claim, demand, suit or judgment
by reason of any act or omission of any other person or by reason
of any action taken, suffered or omitted in good faith or be so liable
or accountable for more money or other property than he or she actually
receives, or be so liable, accountable or deprived by reason of an
honest error of judgment or mistakes of fact or law, or by reason
of anything except his or her own personal and willful malfeasance
and defaults; and
B.
Covenant
not to sue either him or her or the surety company on any bond given
by the Town Treasurer and Tax Collector to the Town for or on account
of any act or omission of any other person or by reason of any action
taken, suffered or omitted in good faith or be so liable or accountable
for more money or other property than he or she actually receives,
or be so liable, accountable or deprived by reason of an honest error
of judgment or mistakes of fact or law, or by reason of anything except
his or her own personal and willful malfeasance and defaults.
The invalidity, unconstitutionality or enforceability of any
section or provision of this article shall not affect or impair any
other section or provision.
