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).