1 of 1
HOUSE DOCKET, NO. 2831 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1526
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Carmine Lawrence Gentile, (BY REQUEST)
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to repeal and replace G.L. c. 258.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Henry P. Sorett58 Longfellow Road, Sudbury,
Massachusetts 01776
1/19/2023 1 of 19
HOUSE DOCKET, NO. 2831 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1526
By Representative Gentile of Sudbury (by request), a petition (accompanied by bill, House, No.
1526) of Henry P. Sorett relative to claims and indemnity procedures for the Commonwealth,
municipalities, counties and districts and their officers and employees. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to repeal and replace G.L. c. 258.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 G.L. c. 258, GL c. 84 s15 and G.L. c. 81 s18 shall be repealed and replaced by the
2following:
3 Section 1: All persons harmed by the Commonwealth or by any city, town, county or any
4other governmental agency or their employees or agents shall be entitled to prompt, fair and
5reasonable compensation for their losses. No officers, employees or agents of any city, town,
6county or any other governmental agency shall be personally liable for any such claims and shall
7be indemnified for their losses and defense costs by their employer. Provided, however, there
8shall be no right to indemnification if the acts at issue were knowing, willful, intentional, corrupt
9or committed with wanton disregard for the lives or safety of others. Employers shall have the
10discretion to indemnify employees for acts which were knowing, willful, intentional or
11committed with wanton disregard for the lives or safety of others. Any collective bargaining
12agreement requiring indemnification for such acts shall be null, void and unenforceable. 2 of 19
13 Section 2: Definitions
14 As used in this chapter the following words shall have the following meanings:—
15 ''Acting within the scope of office or employment'', Every person acting within the scope
16of that person’s employment and acting in the performance of any lawfully ordered military
17duty, in the case of an officer or soldier of the military forces of the commonwealth,
18 'Executive officer of a public employer'', the secretary of an executive office of the
19commonwealth, or in the case of an agency not within the executive office, the attorney general;
20the adjutant general of the military forces of the commonwealth; the county commissioners of a
21county; the mayor of a city, or as designated by the charter of the city; the select board of a town
22or as designated by the charter of the town; and the board, directors, or committee of a district in
23the case of the public employers of a district, in the case of the Massachusetts Bay
24Transportation Authority, its general manager and rail and transit administrator, and, in the case
25of any other public employer, the nominal chief executive officer or board.
26 ''Public attorney'', the attorney who shall defend all civil actions brought against a public
27employer pursuant to this chapter. In the case of the commonwealth it shall be the attorney
28general; in the case of any county it shall be the district attorney as designated in sections twelve
29and thirteen of chapter twelve; in the case of a city or town it shall be the city solicitor or town
30counsel, or, if the town has no such counsel, an attorney employed for the purpose by the select
31board; in the case of a district it shall be an attorney legally employed by the district for that
32purpose; and, in the case of the Massachusetts Bay Transportation Authority, the attorney shall
33be the general counsel. A public attorney may also be an attorney furnished by an insurer 3 of 19
34obligated under the terms of a policy of insurance to defend the public employer against claims
35brought pursuant thereto.
36 '
37 'Public employee'', elected or appointed, officers or employees of any public employer,
38whether serving full or part-time, temporary or permanent, compensated or uncompensated, and
39officers or soldiers of the military forces of the commonwealth. For purposes of this chapter, the
40term ''public employee'' shall include an approved or licensed foster caregiver with respect to
41claims against such caregiver by a child in the temporary custody and care of such caregiver or
42an adult in the care of such caregiver for injury or death caused by the conduct of such caregiver;
43provided, however, that such conduct was not intentional, or wanton and willful, or grossly
44negligent. For this purpose, a caregiver of adults means a member of a foster family, or any other
45individual, who is under contract with an adult foster care provider as defined and certified by
46the division of medical assistance.
47 ''Public employer'', the commonwealth and any county, city, town, educational
48collaborative, or district, including the Massachusetts Department of Transportation, the
49Massachusetts Bay Transportation Authority, any duly constituted regional transit authority and
50the Massachusetts Turnpike Authority and any public health district or joint district or regional
51health district or regional health board established pursuant to the provisions of section twenty-
52seven A or twenty-seven B of chapter one hundred and eleven, and any department, office,
53commission, committee, council, board, division, bureau, institution, agency or authority thereof
54including a local water and sewer commission including a municipal gas or electric plant, a
55municipal lighting plant or cooperative which operates a telecommunications system pursuant to 4 of 19
56section 47E of chapter 164, department, board and commission, which exercises direction and
57control over the public employee, but not a private contractor with any such public employer, the
58Massachusetts Port Authority, or any other independent body politic and corporate. With respect
59to public employees of a school committee of a city or town, the public employer for the
60purposes of this chapter shall be deemed to be said respective city or town.
61 ''Serious personal injury'', bodily injury which results in a permanent or temporary
62disfigurement, or loss or impairment of a bodily function, limb or organ, debilitating emotional
63or psychological harm, or for which medical costs or lost wages exceed $2,500.00, or death.
64 “Serious property damage or financial harm”, damage to the property of any person,
65corporation or other legally created entity of a value of greater than $2,500 provided however
66that this minimum limit shall not apply to motor vehicles or personal residences or loss or money
67or property.
68 Section 3: Liability; exclusiveness of remedy; cooperation of public employee;
69subsequent actions; representation by public attorney
70 Public employers shall be liable for injury or loss of property or personal injury or death
71caused by the negligent or wrongful act or omission of any public employee while acting within
72the scope of that person’s office or employment, in the same manner and to the same extent as a
73private individual under like circumstances, except that public employers shall not be liable to
74levy of execution on any real and personal property to satisfy judgment except as provided for
75herein, and shall not be liable for punitive damages. The remedies provided by this chapter shall
76be exclusive of any other civil action or proceeding by reason of the same subject matter against
77the public employer or, the public employee or their estates whose negligent or wrongful act or 5 of 19
78omission gave rise to such claim, and no such public employee or the estate of such public
79employee shall be liable for any injury or loss of property or personal injury or death caused by
80the employee’s negligent or wrongful act or omission while acting within the scope of that
81employee’s office or employment except as provided for herein; provided, however, that a public
82employee shall provide reasonable cooperation to the public employer in the defense of any
83action brought under this chapter. Failure to provide such reasonable cooperation on the part of a
84public employee shall cause the public employee to be jointly liable with the public employer, to
85the extent that the failure to provide reasonable cooperation prejudiced the defense of the action.
86Information obtained from the public employee in providing such reasonable cooperation may
87not be used as evidence in any disciplinary action against the employee. Final judgment in an
88action brought against a public employer under this chapter shall constitute a complete bar to any
89action by a party to such judgment against such public employer or public employee by reason of
90the same subject matter. The prevailing plaintiff may undertake all actions necessary to enforce a
91final judgment.
92 Notwithstanding that a public employee shall not be liable for negligent or wrongful acts
93as described in the preceding paragraph, if a cause of action is improperly commenced against a
94public employee of the commonwealth alleging injury or loss of property or personal injury or
95death as the result of the negligent or wrongful act or omission of such employee, said employee
96may request representation by the public attorney of the commonwealth. The public attorney
97shall defend the public employee with respect to the cause of action at no cost to the public
98employee; provided, however, that the public attorney determines that the public employee was
99acting within the scope of the employee’s office or employment at the time of the alleged loss,
100injury, or death, and, further, that said public employee provides reasonable cooperation to the 6 of 19
101public employer and public attorney in the defense of any action arising out of the same subject
102matter. If, in the opinion of the public attorney, representation of the public employee, under this
103paragraph would result in a conflict of interest, the public attorney shall not be required to
104represent the public employee. Under said circumstances, the commonwealth shall reimburse the
105public employee for reasonable attorney fees incurred by the public employee in defense of the
106cause of action; provided, however, that the same conditions exist which are required for
107representation of said employee by the public attorney under this paragraph.
108 Notwithstanding the foregoing, a public employee may be held to be personally liable for
109intentionally causing harm or by causing harm knowingly, wantonly and in willful disregard of
110the lives, safety or property of any person.
111 Section 4: Venue; jurisdiction
112 All civil actions brought against a public employer on a claim for damages cognizable
113under this chapter shall be brought in the county where the claimant resides or in the county
114where such public employer is situated, except that in the case of the commonwealth such civil
115actions shall be brought in the county where the claimant resides or in Suffolk county. The
116superior court shall have jurisdiction of all civil actions brought against a public employer. The
117district court and housing court shall have jurisdiction of actions brought against housing
118authorities pursuant to sections twenty-one to twenty-five, inclusive, of chapter two hundred and
119eighteen. The District Court shall also have jurisdiction for all claims having a value of less than
120$100,000.00. The District Court small claims jurisdiction and procedures shall be available to
121claimants whose claims have a value of less than $7,000.00. 7 of 19
122 In the event that a suit is filed in the wrong court, that court shall transfer the suit to court
123having actual jurisdiction and the court shall promptly give notice to all parties.
124 Section 5 Instituting Claims; limitations of actions:
125 Any person who claims to have suffered injury or harm due to the negligence, acts or
126omissions of a public employee may commence an action in the Courts of the Commonwealth by
127filing a complaint. There shall be no requirement to make a presentment prior to filing suit.
128Service of process shall be made, in the case of a city on the mayor, city clerk, city counsel or
129public attorney, in the case of a town on the town manager, chair of the select board, town clerk,
130public attorney or town counsel, in the case of Mass. Port and the MBTA on the chief executive
131officer, agency counsel, public attorney or chair of the board of directors, in the case of any other
132agency or board, on its chief executive officer or general counsel. It shall not be a defense that
133service was not made on the proper person within a public employer so long as that entity has
134been given actual knowledge of the suit.
135 No civil action may be brought more than three years after the date on which the cause of
136action accrued; provided, however, that an action which relates to the sexual abuse of a minor, as
137defined in said section 4C of said chapter 260, shall be governed by section 4C1/2 of said chapter
138260.
139 Upon receipt of service of process, a public employer may answer in the ordinary course,
140file a certificate of investigation and obtain a stay of the duty to answer for 90 days or file a
141request for mediation and obtain a stay for 120 days. If the public employer files a request for
142mediation, it shall provide the plaintiff with all information and documents it has concerning the
143matter at issue and arrange for a mediation with any court certified mediation program or before 8 of 19
144a mutually agreed upon independent mediator. In any mediation the public employer shall
145bargain in good faith demonstrating integrity and honesty for the purposes of arriving at a fair
146and reasonable resolution. The time for mediation may be extended for not more than 90 days
147by a request made by all parties. If mediation causes a settlement to be achieved, the parties
148shall file a joint motion for entry of judgment and the issuance of an execution. No
149confidentiality terms may be included in any settlement agreement, provided however, that a
150court may impound all or part of the information provided if it is convinced that there is a
151compelling need for confidentiality. All information about the identity of a child who was the
152victim of sexual abuse shall be impounded. After the answer is filed or the expiration of any stay,
153the public employer shall answer and discovery shall proceed in the ordinary course. No public
154employer or public employee may require arbitration of any issue or claim arising under this act
155and any contract or agreement purporting to require arbitration shall be null, void and
156unenforceable
157 If the attorney general or any district attorney reasonably believe that discovery as to a
158claim will impair a pending criminal investigation or prosecution or would reveal confidential
159methods and means of investigation or the identity of confidential informants, the attorney
160general or any district attorney may intervene in an action pending under this act and ask the
161Court to stay discovery and the trial date for not more than one year. The attorney general and
162the district attorneys shall have the burden of persuading the Court that the public interest
163requires a stay and may make in camera submissions to the Court to attempt to meet that burden.
164A stay so entered may be extended for a period of one additional year for good cause shown.
165The Court may also enter such protective orders as the interests of justice might require if it is
166persuaded by clear and convincing evidence of the need for such an order. 9 of 19
167 The provisions of this section shall not apply to such claims as may be asserted by third-
168party complaint, cross claim, or counter-claim, or to small claims brought against housing
169authorities pursuant to sections twenty-one to twenty-five, inclusive, of chapter two hundred and
170eighteen; provided however, that no small claim shall be brought against a housing authority
171more than three years after the date upon which the cause of action arose.
172 Section 6: Compromise or settlement of claims; subsequent actions
173 The executive officer of a public employer may mediate, compromise or settle any claim
174for damages under this chapter; provided, that any award, compromise or settlement in excess of
175two thousand five hundred dollars shall be made only with the prior approval of the public
176attorney for such public employer; provided further, however, that in any case where the public
177employer is the commonwealth, any award, compromise or settlement in excess of twenty
178thousand dollars shall be made only with the prior approval of the secretary of administration
179and finance. A person designated by the public attorney or secretary of administration and
180finance having actual authority to make settlements and commit to the entry of a final judgment
181shall attend all mediations either in person or virtually and said person shall be required to
182bargain in good faith. In the event that a public employer fails to attend or bargain in good faith
183then the claimant may apply to the court for such sanctions, costs, expenses and legal fees as
184may be appropriate and a court may impose those to obtain compliance with this statute and
185deter misconduct.
186 The acceptance by the claimant of any such award, compromise or settlement approved
187by the Court shall be in writing and shall, except when procured by fraud, be final and
188conclusive on the claimant, and shall constitute a complete release of any claim against the 10 of 19
189public employer or against the public employee whose negligent or wrongful act or omission
190gave rise to such a claim, and a complete bar to any action by the claimant against such public
191employer or public employee, by reason of the same subject matter. Provided, however, if the
192public employer or public employee is found to have committed fraud or to have withheld
193evidence helpful to a claimant, the claimant may petition to set aside the settlement reopen the
194case. The claimant seeking to set aside a settlement shall have the burden of persuade the court
195by clear and convincing evidence that the misconduct occurred and that it materially impaired
196the claimant’s ability to prove the case.
197
198 Section 7: Defense of actions
199 Section 7. The public attorney shall defend all civil actions brought against a public
200employer or public employee of the commonwealth pursuant to this chapter. If the public
201attorney has a conflict of interest, the employer shall retain independent counsel and pay that
202attorney’s reasonable fees and costs. If a public employee is sued for claims as to which there is
203no right of indemnification that employee may retain counsel of the employee’s choosing and at
204the employee’s expense and then that attorney shall take over the defense or, at the discretion of
205the public attorney and so long as no conflict of interest exists, act as co-counsel.
206 Section 8: Finality of judgments; subsequent actions
207 Section 8. Any award, compromise or settlement of a civil action brought under this
208chapter in excess of twenty thousand dollars which has been approved by a public attorney for a
209public employer, or, in the case where the public employer is the commonwealth, approved by
210the secretary of administration and finance, shall be made final only after approval of same by a 11 of 19
211judge of the superior court, district court or housing court having jurisdiction over the action.
212Provided, however, a judge shall approve all settlements arrived at during mediations attended
213by persons designated by the public attorney or secretary and authorized by said persons.
214Further provided no judge shall approve any settlement obtained by fraud, deception, coercion or
215threats and any claimant who contends that such misconduct occurred may raise such matters at
216any hearing to approve a settlement. A final judgment and execution shall be entered in
217accordance with an approved settlement.
218 The acceptance by the claimant of any such award, compromise or settlement shall be in
219writing and shall, except when procured by fraud, deception, coercion or threats be final and
220conclusive on the claimant, and shall constitute a complete release of any claim against the
221public employer or against the public employee whose negligent or wrongful act or omission
222gave rise to such claim, and a complete bar to any action by the claimant against such public
223employer or public employee, by reason of the same subject matter.
224 In the event that a public employer or person not entitled to indemnification fails to pay
225the full amount of any settlement or judgment, the claimant may apply to the court to enforce the
226settlement or judgment. In the event that the settlement or judgment is against a public
227employer, the court may order the sheriff of the county in which the public employer is located
228to levy against the accounts of said public employer and seize the funds necessary to satisfy the
229settlement or judgment. In the event that a settlement or judgment is against a person not entitled
230to indemnification then the claimant shall have all rights accorded to a judgment creditor.
231 Section 9: Insurance 12 of 19
232 Section 9. The attorney general shall be responsible for procuring insurance for all public
233employers. The costs of this coverage shall be allocated ratably and proportionally to the
234Commonwealth, cities, towns, counties and all other public employers. The attorney general
235shall be responsible for managing the handling of all claims made under this statute and shall be
236responsible for requiring the insurer to handle claims fairly, reasonably and promptly in
237accordance with the intent of this statute. If the attorney general determines that it would be
238more efficient and fair to manage claims and comply with this statute’s intent by creating,
239managing and operating a self-insurance program, then the attorney general may create a self-
240insurance program, set reserves, manage claims and handle them in accordance with the intent of
241this statute. The costs of this self-insurance program shall be allocated ratably and
242proportionally to the Commonwealth, cities, towns, counties and all other public employers. The
243attorney general shall have the authority to promulgate regulations to establish bidding criteria,
244specifications and protocols for awarding contracts for insurance or to promulgate regulations to
245operate a self insurance program. Any insurer selected to insure against claims shall be required
246to provide for the prompt, fair and reasonable resolution of claims and lawsuits understanding
247that the intended beneficiaries of the insurance program are those who have been injured. Any
248self insurance program shall have the same goals. The attorney general shall be responsible for
249the accomplishment of these goals.
250 Section 10: Indemnity of public employees
251 Section 10. Public employers may indemnify public employees, and the commonwealth
252shall indemnify persons holding office under the constitution, from personal financial loss, all
253damages and expenses, including legal fees and costs, if any, in an amount not to exceed
254$10,000,000 arising out of any claim, action, award, compromise, settlement or judgment by 13 of 19
255reason of an intentional tort, or by reason of any act or omission which constitutes a violation of
256the civil rights of any person under any federal or state law, if such employee or official or
257holder of office under the constitution at the time of such intentional tort or such act or omission
258was acting within the scope of official duties or employment. No such employee or official, other
259than a person holding office under the constitution acting within the scope of that employee’s
260official duties or employment, shall be indemnified under this section for violation of any such
261civil rights if he acted in an intentional, grossly negligent, willful or malicious manner.
262 For purposes of this section, persons employed by a joint health district, regional health
263district or regional board of health, as defined by sections twenty-seven A and twenty-seven B of
264chapter one hundred and eleven, shall be considered employees of the city or town in which said
265incident, claim, suit, or judgment is brought pursuant to the provisions of this chapter.
266 Section 11: Actions against members of police force; indemnity
267 Section 11. If, in the event a suit is commenced against a member of the state police or an
268employee represented by state bargaining unit five, by reason of a claim for damages resulting
269from an alleged intentional tort or by reason of an alleged act or failure to act which constitutes a
270violation of the civil rights of any person under federal or state law, the commonwealth, at the
271request of the affected police officer, shall provide for the legal representation of said police
272officer.
273 The commonwealth shall indemnify members of the state police or an employee
274represented by state bargaining unit five, respectively, from all personal financial loss and
275expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed ten
276million dollars arising out of any claim, action, award, compromise, settlement or judgment 14 of 19
277resulting from any alleged intentional tort or by reason of an alleged act or failure to act which
278constitutes a violation of the civil rights of any person under federal or state law; provided,
279however, that this section shall apply only where such alleged intentional tort or alleged act or
280failure to act occurred within the scope of the official duties of such police officer.
281 No member of the state police or an employee represented by state bargaining unit five
282shall be indemnified for any violation of federal or state law if such member or employee acted
283in a willful, wanton, or malicious manner.
284 Section 12: Application of Secs. 1 to 8
285 Section 12. The provisions of sections one to eight, inclusive, shall not apply to:—
286 (a) any claim based upon an act or omission of a public employee when such employee is
287exercising due care in the execution of any statute or any regulation of a public employer, or any
288municipal ordinance or by-law, whether or not such statute, regulation, ordinance or by-law is
289valid;
290 (b) any claim arising in respect of the assessment or collection of any tax, or the lawful
291detention of any goods or merchandise by any law enforcement officer in accordance with a duly
292authorized court order or writ of execution;
293 (c) any claim based upon the issuance, denial, suspension or revocation or failure or
294refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or
295similar authorization unless based on intentional wrongdoing;
296 (d) any claim based upon the failure to inspect, or an inadequate or negligent inspection,
297of any property, real or personal, to determine whether the property complies with or violates 15 of 19
298any law, regulation, ordinance or code, or contains a hazard to health or safety, except as
299otherwise provided in clause (1) of subparagraph (j).
300 (e) any claim based upon the failure to establish a fire department or a particular fire
301protection service, or if fire protection service is provided, for failure to prevent, suppress or
302contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not
303including claims based upon the negligent operation of motor vehicles or as otherwise provided
304in clause (1) of subparagraph (j).
305 (f) any claim based upon the failure to establish a police department or a particular police
306protection service, or if police protection is provided, for failure to provide adequate police
307protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or
308apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including
309claims based upon the negligent operation of motor vehicles, negligent protection, supervision or
310care of persons in custody, or as otherwise provided in clause (1) of subparagraph (j).
311 (g) any claim based upon the release, parole, furlough or escape of any person, including
312but not limited to a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a
313public employee or employer or their agents, unless gross negligence is shown in allowing such
314release, parole, furlough or escape.
315 (h) any claim based on the actions of judges, clerks, assistant clerks or employees of the
316judicial branch except for criminal acts or violations of their oaths of office or for their
317negligence in the operation of motor vehicles.
318 (i) any claims based on the actions of prosecutors employed by the Commonwealth or
319any county for actions in the performance of their duties or the exercise of discretion afforded to 16 of 19
320them by operation law except for criminal acts, the intentional withholding of exculpatory
321evidence, suborning perjury or for their negligence in the operation of motor vehicles.
322 (j) any claim based on an act or failure to act to prevent or diminish the harmful
323consequences of a condition or situation, including the violent or tortious conduct of a third
324person, which is not originally caused by the public employer or any other person acting on
325behalf of the public employer. This exclusion shall not apply to:
326 (1) any claim based upon explicit and specific assurances of safety or assistance, beyond
327general representations that investigation or assistance will be or has been undertaken, made to
328the direct victim or a member of that person’s family or household by a public employee,
329provided that the injury resulted in part from reliance on those assurances. A permit, certificate
330or report of findings of an investigation or inspection shall not constitute such assurances of
331safety or assistance; and
332 (2) any claim based upon the intervention of a public employee which causes injury to
333the victim or places the victim in a worse position than he was in before the intervention; and
334 (3) any claim based on negligent maintenance of public property;
335 (4) any claim by or on behalf of a patient for negligent medical or other therapeutic
336treatment received by the patient from a public employee.
337 Nothing in this section shall be construed to modify or repeal the applicability of any
338existing statute that limits, controls or affects the liability of public employers or entities except
339as provided for herein.
340 Section 13: Frivolous claims; costs; subsequent actions 17 of 19
341 Section 13. If the judgment in any action brought under this chapter is in favor of the
342public employer, judgment for costs and execution thereon may issue in favor of the public
343employer, if the court finds the action brought by the claimant to have been frivolous or in bad
344faith, and final judgment on the action shall be a bar to any other or further action being brought
345on the same claim or subject matter. If the judgment in any action is in favor of the claimant and
346the court finds that the public employer has acted frivolously or in bad faith then the court shall
347award the claimant reasonable legal fees and costs. The provisions of G.L. c. 231 sec. 6f shall
348apply.
349 Section 14: Enforcement of claims
350 Section 14. Claims against the commonwealth or any public employer, except as
351otherwise expressly provided in this chapter or by any general or special provision of law, may
352be enforced in the superior court or in the district court which adjudicated a matter.
353 Note – expanded to cover all public employers and to allow district courts to enforce their
354judgments.
355 Section 15: Indemnity of municipal officials
356 Section 15. Any city or town which accepted section one hundred I of chapter forty-one
357on or before July twentieth, nineteen hundred and seventy-eight, and any other city which
358accepts this section according to its charter, and any town which accepts this section in the
359manner hereinafter provided in this section shall indemnify and save harmless municipal
360officers, elected or appointed from personal financial loss and expense including reasonable legal
361fees and costs, if any, in an amount not to exceed ten million dollars, arising out of any claim,
362demand, suit or judgment by reason of any act or omission, except an intentional violation of 18 of 19
363civil rights of any person, if the official at the time of such act or omission was acting within the
364scope of the employee’s official duties or employment.
365 This act shall be submitted for acceptance to the voters of each town at an annual town
366meeting in the form of the following question which shall be placed on the official ballot to be
367used for the election of town officers at said meeting:—''Shall the town vote to accept the
368provisions of section thirteen of chapter two hundred and fifty-eight of the General Laws which
369provides that the town shall indemnify and save harmless municipal officers, elected or
370appointed, from personal financial loss and expense including reasonable legal fees and costs, if
371any, in an amount not to excess of ten million dollars, arising out of any claim, demand, suit or
372judgment by reason of any act or omission except an intentional violation of civil rights of any
373person under any law, if the official at the time of such act or omission was acting within the
374scope of the employee’s official duties or employment?'' If a majority of the votes in answer to
375said question is in the affirmative, said provisions shall thereupon take full effect, but not
376otherwise.
377 Section 16: For the purpose of satisfying liens for past due child support, securing
378repayment of public assistance benefits, and past taxes, a public employer shall comply with
379sections 24D, 24E, and 24F of chapter 175 and any regulations promulgated thereunder in the
380same manner as if it were a company authorized to issue policies of insurance pursuant to said
381chapter 175.
382 Section 17: If any portion of this statute is determined to be unconstitutional or
383unenforceable then the remaining provisions shall remain in full force and effect to accomplish 19 of 19
384the intent of this statute. The provisions of this act shall apply only to events or occurrences
385subsequent to the date of enactment of this statute.