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HOUSE DOCKET, NO. 242 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 1724
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Carmine Lawrence Gentile
_________________
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 modernize public liability.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/7/2025 1 of 18
HOUSE DOCKET, NO. 242 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 1724
By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1724) of
Carmine Lawrence Gentile for legislation to further regulate public liability. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to modernize public liability.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 18 of chapter 81 of the General Laws is hereby repealed.
2 SECTION 2. Section 15 of chapter 84 of the General Laws is hereby repealed.
3 SECTION 3. Chapter 258 of the General Laws is hereby amended by striking out
4sections 1 to 14, inclusive, and inserting in place thereof the following sections:-
5 Section 1. As used in this chapter, the following words shall, unless the context clearly
6requires otherwise, have the following meanings:
7 “Acting within the scope of office or employment”, every person acting within the scope
8of that person’s employment and acting in the performance of any lawfully ordered military
9duty, in the case of an officer or soldier of the military forces of the commonwealth.
10 “Executive officer of a public employer”, the secretary of an executive office of the
11commonwealth or in the case of an agency not within the executive office; the attorney general; 2 of 18
12the adjutant general of the military forces of the commonwealth; the county commissioners of a
13county; the mayor of a city or as designated by the charter of the city; the select board of a town
14or as designated by the charter of the town; and the board, directors or committee of a district in
15the case of the public employers of a district, in the case of the Massachusetts Bay
16Transportation Authority, its general manager and rail and transit administrator and in the case of
17any other public employer, the nominal chief executive officer or board.
18 ”Public attorney”, the attorney who shall defend all civil actions brought against a public
19employer pursuant to this chapter. In the case of: (i) the commonwealth, it shall be the attorney
20general; (ii) any county, it shall be the district attorney as designated in sections 12 and 13 of
21chapter 12; (iii) a city or town, it shall be the city solicitor or town counsel or if the town has no
22such counsel, an attorney employed for the purpose by the select board; (iv) a district, it shall be
23an attorney legally employed by the district for that purpose; and (v) the Massachusetts Bay
24Transportation Authority, the attorney shall be the general counsel. A public attorney may also
25be an attorney furnished by an insurer obligated under the terms of a policy of insurance to
26defend the public employer against claims brought pursuant thereto.
27
28 “Public employee”, elected or appointed, officers or employees of any public employer,
29whether serving full or part-time, temporary or permanent, compensated or uncompensated and
30officers or soldiers of the military forces of the commonwealth. For purposes of this chapter, the
31term public employee shall include an approved or licensed foster caregiver with respect to
32claims against such caregiver by a child in the temporary custody and care of such caregiver or
33an adult in the care of such caregiver for injury or death caused by the conduct of such caregiver; 3 of 18
34provided, however, that such conduct was not intentional, wanton and willful, or grossly
35negligent. For this purpose, a caregiver of adults means a member of a foster family, or any other
36individual, who is under contract with an adult foster care provider as defined and certified by
37the division of medical assistance.
38 “Public employer”, the commonwealth and any county, city, town, educational
39collaborative or district, including the Massachusetts Department of Transportation, the
40Massachusetts Bay Transportation Authority, any duly constituted regional transit authority and
41the Massachusetts Turnpike Authority and any public health district or joint district or regional
42health district or regional health board established pursuant to the provisions of sections 27A or
4327B of chapter 111 and any department, office, commission, committee, council, board, division,
44bureau, institution, agency or authority thereof, including a local water and sewer commission, a
45municipal gas or electric plant, a municipal lighting plant or cooperative that operates a
46telecommunications system pursuant to section 47E of chapter 164, department, board and
47commission, which exercises direction and control over the public employee, but not a private
48contractor with any such public employer, the Massachusetts Port Authority or any other
49independent body politic and corporate. With respect to public employees of a school committee
50of a city or town, the public employer for the purposes of this chapter shall be deemed to be said
51respective city or town.
52 “Serious personal injury”, bodily injury that results in a permanent or temporary
53disfigurement or loss or impairment of a bodily function, limb or organ, debilitating emotional or
54psychological harm or for which medical costs or lost wages exceed $2,500.00 or death. 4 of 18
55 “Serious property damage or financial harm”, damage to the property of any person,
56corporation or other legally created entity of a value of greater than $2,500 provided however
57that this minimum limit shall not apply to motor vehicles or personal residences or loss or money
58or property.
59 Section 2. All persons harmed by the commonwealth or by any city, town, county or any
60other governmental agency or their employees or agents shall be entitled to prompt, fair and
61reasonable compensation for their losses. No officers, employees or agents of any city, town,
62county or any other governmental agency shall be personally liable for any such claims and shall
63be indemnified for their losses and defense costs by their employer; provided, however, there
64shall be no right to indemnification if the acts at issue were knowing, willful, intentional, corrupt
65or committed with wanton disregard for the lives or safety of others. Employers shall have the
66discretion to indemnify employees for acts that were knowing, willful, intentional or committed
67with wanton disregard for the lives or safety of others. Any collective bargaining agreement
68requiring indemnification for such acts shall be null, void and unenforceable.
69 Section 3. (a) Public employers shall be liable for injury or loss of property or personal
70injury or death caused by the negligent or wrongful act or omission of any public employee
71while acting within the scope of that person’s office or employment, in the same manner and to
72the same extent as a private individual under like circumstances, except that public employers
73shall not be liable to levy of execution on any real and personal property to satisfy judgment
74except as provided for herein, and shall not be liable for punitive damages. The remedies
75provided by this chapter shall be exclusive of any other civil action or proceeding by reason of
76the same subject matter against the public employer or the public employee or their estates
77whose negligent or wrongful act or omission gave rise to such claim and no such public 5 of 18
78employee or the estate of such public employee shall be liable for any injury or loss of property
79or personal injury or death caused by the employee’s negligent or wrongful act or omission while
80acting within the scope of that employee’s office or employment except as provided for herein;
81provided, however, that a public employee shall provide reasonable cooperation to the public
82employer in the defense of any action brought under this chapter. Failure to provide such
83reasonable cooperation on the part of a public employee shall cause the public employee to be
84jointly liable with the public employer to the extent that the failure to provide reasonable
85cooperation prejudiced the defense of the action. Information obtained from the public employee
86in providing such reasonable cooperation may not be used as evidence in any disciplinary action
87against the employee. Final judgment in an action brought against a public employer under this
88chapter shall constitute a complete bar to any action by a party to such judgment against such
89public employer or public employee by reason of the same subject matter. The prevailing
90plaintiff may undertake all actions necessary to enforce a final judgment.
91 (b) Notwithstanding that a public employee shall not be liable for negligent or wrongful
92acts as described in the preceding subsection, if a cause of action is improperly commenced
93against a public employee of the commonwealth alleging injury or loss of property or personal
94injury or death as the result of the negligent or wrongful act or omission of such employee, said
95employee may request representation by the public attorney of the commonwealth. The public
96attorney shall defend the public employee with respect to the cause of action at no cost to the
97public employee; provided, however, that the public attorney determines that the public
98employee was acting within the scope of the employee’s office or employment at the time of the
99alleged loss, injury or death and; provided further, that said public employee provides reasonable
100cooperation to the public employer and public attorney in the defense of any action arising out of 6 of 18
101the same subject matter. If, in the opinion of the public attorney, representation of the public
102employee, under this subsection would result in a conflict of interest, the public attorney shall
103not be required to represent the public employee. Under said circumstances, the commonwealth
104shall reimburse the public employee for reasonable attorney fees incurred by the public
105employee in defense of the cause of action; provided, however, that the same conditions exist
106that are required for representation of said employee by the public attorney under this subsection.
107 (c) Notwithstanding the foregoing, a public employee may be held personally liable for
108causing harm: (i) intentionally; or (ii) by knowingly, wantonly and in willful disregard of the
109lives, safety or property of any person.
110 Section 4. (a) All civil actions brought against a public employer on a claim for damages
111cognizable under this chapter shall be brought in the county where the claimant resides or in the
112county where such public employer is situated, except that in the case of the commonwealth such
113civil actions shall be brought in the county where the claimant resides or in Suffolk county. The
114superior court shall have jurisdiction of all civil actions brought against a public employer. The
115district court and housing court shall have jurisdiction of actions brought against housing
116authorities pursuant to sections 21 to 25, inclusive, of chapter 218. The district court shall also
117have jurisdiction for all claims having a value of less than $100,000. The district court small
118claims jurisdiction and procedures shall be available to claimants whose claims have a value of
119less than $7,000.
120 (b) In the event that a suit is filed in the wrong court, the court shall transfer the suit to
121the court having actual jurisdiction and the court shall promptly give notice to all parties. 7 of 18
122 Section 5. (a) Any person who claims to have suffered injury or harm due to the
123negligence, acts or omissions of a public employee may commence an action in the courts of the
124commonwealth by filing a complaint. There shall be no requirement to make a presentment prior
125to filing suit. Service of process shall be made, in the case of: (i) a city on the mayor, city clerk,
126city counsel or public attorney; (ii) a town on the town manager, chair of the select board, town
127clerk, public attorney or town counsel; (iii) the Massachusetts Port Authority and the
128Massachusetts Bay Transportation Authority on the chief executive officer, agency counsel,
129public attorney or chair of the board of directors; and (iv) any other agency or board on its chief
130executive officer or general counsel. It shall not be a defense that service was not made on the
131proper person within a public employer so long as that entity has been given actual notice of the
132suit.
133 (b) No civil action may be brought more than 3 years after the date that the cause of
134action accrued; provided, however, that an action that relates to the sexual abuse of a minor, as
135defined in section 4C of chapter 260, shall be governed by section 4C½ of said chapter 260.
136
137 (c) Upon receipt of service of process, a public employer may answer in the ordinary
138course, file a certificate of investigation and obtain a stay of the duty to answer for 90 days or file
139a request for mediation and obtain a stay for 120 days. If the public employer files a request for
140mediation, it shall provide the plaintiff with all information and documents it has concerning the
141matter at issue and arrange for a mediation with any court certified mediation program or before
142a mutually agreed upon independent mediator. In any mediation, the public employer shall
143bargain in good faith demonstrating integrity and honesty for the purposes of arriving at a fair 8 of 18
144and reasonable resolution. The time for mediation may be extended for not more than 90 days by
145a request made by all parties. If mediation causes a settlement to be achieved, the parties shall
146file a joint motion for entry of judgment and the issuance of an execution. No confidentiality
147terms may be included in any settlement agreement; provided, however, that a court may
148impound all or part of the information provided if the court is convinced that there is a
149compelling need for confidentiality. All information about the identity of a child who was the
150victim of sexual abuse shall be impounded. After the answer is filed or the expiration of any stay,
151the public employer shall answer and discovery shall proceed in the ordinary course. No public
152employer or public employee may require arbitration of any issue or claim arising under this
153chapter and any contract or agreement purporting to require arbitration shall be null, void and
154unenforceable.
155 (d) If the attorney general or any district attorney reasonably believes that discovery as to
156a claim would: (i) impair a pending criminal investigation or prosecution; (ii) reveal confidential
157methods and means of the investigation; or (iii) reveal the identity of confidential informants, the
158attorney general or any district attorney may intervene in an action pending under this chapter
159and ask the court to stay discovery and the trial date for not more than 1 year. The attorney
160general and any district attorney shall have the burden of persuading the court that the public
161interest requires a stay and may make in camera submissions to the court to attempt to meet that
162burden. A stay so entered may be extended for a period of 1 additional year for good cause
163shown. The court may also enter such protective orders as the interests of justice might require if
164it is persuaded by clear and convincing evidence of the need for such an order.
165 (f) The provisions of this section shall not apply to such claims as may be asserted by
166third-party complaint, cross-claim or counter-claim or to small claims brought against housing 9 of 18
167authorities pursuant to sections 21 to 25, inclusive, of chapter 218; provided, however, that no
168small claim shall be brought against a housing authority more than 3 years after the date upon
169which the cause of action arose.
170 Section 6. (a) The executive officer of a public employer may mediate, compromise or
171settle any claim for damages under this chapter; provided, that any award, compromise or
172settlement in excess of $2,500 shall be made only with the prior approval of the public attorney
173for such public employer; provided, however, that in any case where the public employer is the
174commonwealth, any award, compromise or settlement in excess of $20,000 shall be made only
175with the prior approval of the secretary of administration and finance. A person designated by the
176public attorney or secretary of administration and finance having actual authority to make
177settlements and commit to the entry of a final judgment shall attend all mediations either in
178person or virtually and said person shall be required to bargain in good faith. In the event that a
179public employer fails to attend or bargain in good faith then the claimant may apply to the court
180for such sanctions, costs, expenses and legal fees as may be appropriate and a court may impose
181those to obtain compliance with this chapter and deter misconduct.
182 (b) The acceptance by the claimant of any such award, compromise or settlement
183approved by the court shall be in writing and shall, except when procured by fraud, be final and
184conclusive on the claimant and shall constitute a complete release of any claim against the public
185employer or against the public employee whose negligent or wrongful act or omission gave rise
186to such a claim and a complete bar to any action by the claimant against such public employer or
187public employee, by reason of the same subject matter; provided, however, if the public
188employer or public employee is found to have committed fraud or to have withheld evidence
189helpful to a claimant, the claimant may petition to set aside the settlement reopen the case. The 10 of 18
190claimant seeking to set aside a settlement shall have the burden of persuade the court by clear
191and convincing evidence that the misconduct occurred and that it materially impaired the
192claimant’s ability to prove the case.
193
194 Section 7. The public attorney shall defend all civil actions brought against a public
195employer or public employee of the commonwealth pursuant to this chapter. If the public
196attorney has a conflict of interest, the employer shall retain independent counsel and pay that
197attorney’s reasonable fees and costs. If a public employee is sued for claims as to which there is
198no right of indemnification that employee may retain counsel of the employee’s choosing and at
199the employee’s expense. The employee’s attorney shall take over the defense or at the discretion
200of the public attorney and so long as no conflict of interest exists, act as co-counsel.
201 Section 8. (a) Any award, compromise or settlement of a civil action brought under this
202chapter in excess of $20,000 that has been approved by a public attorney for a public employer
203or, in the case where the public employer is the commonwealth, approved by the secretary of
204administration and finance, shall be made final only after approval of same by a judge of the
205superior court, district court or housing court having jurisdiction over the action; provided,
206however, a judge shall approve all settlements arrived at during mediations attended by persons
207designated by the public attorney or secretary of administration and finance and authorized by
208said persons; provided further, no judge shall approve any settlement obtained by fraud,
209deception, coercion or threats and any claimant who contends that such misconduct occurred
210may raise such matters at any hearing to approve a settlement. A final judgment and execution
211shall be entered in accordance with an approved settlement. 11 of 18
212 (b) The acceptance by the claimant of any such award, compromise or settlement shall be
213in writing and shall, except when procured by fraud, deception, coercion or threats, be final and
214conclusive on the claimant and shall constitute a complete release of any claim against the public
215employer or against the public employee whose negligent or wrongful act or omission gave rise
216to such claim and a complete bar to any action by the claimant against such public employer or
217public employee, by reason of the same subject matter.
218 (c) In the event that a public employer or person not entitled to indemnification fails to
219pay the full amount of any settlement or judgment, the claimant may apply to the court to enforce
220the settlement or judgment. In the event that the settlement or judgment is against a public
221employer, the court may order the sheriff of the county that the public employer is located to
222levy against the accounts of said public employer and seize the funds necessary to satisfy the
223settlement or judgment. In the event that a settlement or judgment is against a person not entitled
224to indemnification then the claimant shall have all rights accorded to a judgment creditor.
225 Section 9. The attorney general shall be responsible for procuring insurance for all public
226employers. The costs of this coverage shall be allocated ratably and proportionally to the
227commonwealth, cities, towns, counties and all other public employers. The attorney general shall
228be responsible for managing the handling of all claims made under this chapter and shall be
229responsible for requiring the insurer to handle claims fairly, reasonably and promptly in
230accordance with the intent of this chapter. If the attorney general determines that it would be
231more efficient and fair to manage claims and comply with this chapter’s intent by creating,
232managing and operating a self-insurance program, then the attorney general may create a self-
233insurance program, set reserves, manage claims and handle them in accordance with the intent of
234this chapter. The costs of the self-insurance program shall be allocated ratably and proportionally 12 of 18
235to the commonwealth, cities, towns, counties and all other public employers. The attorney
236general shall have the authority to promulgate regulations to establish bidding criteria,
237specifications and protocols for awarding contracts for insurance or to promulgate regulations to
238operate a self-insurance program. Any insurer selected to insure against claims shall be required
239to provide for the prompt, fair and reasonable resolution of claims and lawsuits understanding
240that the intended beneficiaries of the insurance program are those who have been injured. Any
241self-insurance program shall have the same goals and attorney general shall be responsible for
242the accomplishment of those goals.
243 Section 10. (a) Public employers may indemnify public employees and the
244commonwealth shall indemnify persons holding office under the constitution, from personal
245financial loss, all damages and expenses, including legal fees and costs, if any, in an amount not
246to exceed $10,000,000 arising out of any claim, action, award, compromise, settlement or
247judgment by reason of an intentional tort or by reason of any act or omission that constitutes a
248violation of the civil rights of any person under any federal or state law, if such employee or
249official or holder of office under the constitution at the time of such intentional tort or such act or
250omission was acting within the scope of official duties or employment. No such employee or
251official, other than a person holding office under the constitution acting within the scope of that
252employee’s official duties or employment, shall be indemnified under this section for violation of
253any such civil rights if he acted in an intentional, grossly negligent, willful or malicious manner.
254 (b) For purposes of this section, persons employed by a joint health district, regional
255health district or regional board of health, as defined by sections 27A and 27B of chapter 111,
256shall be considered employees of the city or town in which said incident, claim, suit or judgment
257is brought pursuant to the provisions of this chapter. 13 of 18
258 Section 11. (a) If, in the event a suit is commenced against a member of the state police
259or an employee represented by state bargaining unit five, by reason of a claim for damages
260resulting from an alleged intentional tort or by reason of an alleged act or failure to act that
261constitutes a violation of the civil rights of any person under federal or state law, the
262commonwealth, at the request of the affected police officer, shall provide for the legal
263representation of said police officer.
264 (b) The commonwealth shall indemnify members of the state police or an employee
265represented by state bargaining unit five, respectively, from all personal financial loss and
266expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed
267$10,000,000 arising out of any claim, action, award, compromise, settlement or judgment
268resulting from any alleged intentional tort or by reason of an alleged act or failure to act that
269constitutes a violation of the civil rights of any person under federal or state law; provided,
270however, that this section shall apply only where such alleged intentional tort or alleged act or
271failure to act occurred within the scope of the official duties of such police officer.
272 (c) No member of the state police or an employee represented by state bargaining unit
273five shall be indemnified for any violation of federal or state law if such member or employee
274acted in a willful, wanton or malicious manner.
275 Section 12. The provisions of sections 1 to 9, inclusive, shall not apply to:
276 (a) any claim based upon an act or omission of a public employee when such employee is
277exercising due care in the execution of any statute or any regulation of a public employer, or any
278municipal ordinance or by-law, whether or not such statute, regulation, ordinance or by-law is
279valid; 14 of 18
280 (b) any claim arising in respect of the assessment or collection of any tax or the lawful
281detention of any goods or merchandise by any law enforcement officer in accordance with a duly
282authorized court order or writ of execution;
283 (c) any claim based upon the issuance, denial, suspension or revocation or failure or
284refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or
285similar authorization unless based on intentional wrongdoing;
286 (d) any claim based upon the failure to inspect, or an inadequate or negligent inspection,
287of any property, real or personal, to determine whether the property complies with or violates
288any law, regulation, ordinance or code, or contains a hazard to health or safety, except as
289otherwise provided in clause (i) of subparagraph (j);
290 (e) any claim based upon the failure to establish a fire department or a particular fire
291protection service, or if fire protection service is provided, for failure to prevent, suppress or
292contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not
293including claims based upon the negligent operation of motor vehicles or as otherwise provided
294in clause (i) of subparagraph (j);
295 (f) any claim based upon the failure to establish a police department or a particular police
296protection service, or if police protection is provided, for failure to provide adequate police
297protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or
298apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including
299claims based upon the negligent operation of motor vehicles, negligent protection, supervision or
300care of persons in custody, or as otherwise provided in clause (i) of subparagraph (j); 15 of 18
301 (g) any claim based upon the release, parole, furlough or escape of any person, including
302but not limited to: a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a
303public employee or employer or their agents, unless gross negligence is shown in allowing such
304release, parole, furlough or escape;
305 (h) any claim based on the actions of judges, clerks, assistant clerks or employees of the
306judicial branch except for criminal acts or violations of their oaths of office or for their
307negligence in the operation of motor vehicles;
308 (i) any claims based on the actions of prosecutors employed by the Commonwealth or
309any county for actions in the performance of their duties or the exercise of discretion afforded to
310them by operation law except for criminal acts, the intentional withholding of exculpatory
311evidence, suborning perjury or for their negligence in the operation of motor vehicles;
312 (j) any claim based on an act or failure to act to prevent or diminish the harmful
313consequences of a condition or situation, including the violent or tortious conduct of a third
314person, which is not originally caused by the public employer or any other person acting on
315behalf of the public employer. This exclusion shall not apply to:
316 (i) any claim based upon explicit and specific assurances of safety or assistance, beyond
317general representations that investigation or assistance will be or has been undertaken, made to
318the direct victim or a member of that person’s family or household by a public employee,
319provided that the injury resulted in part from reliance on those assurances. A permit, certificate
320or report of findings of an investigation or inspection shall not constitute such assurances of
321safety or assistance; 16 of 18
322 (ii) any claim based upon the intervention of a public employee that causes injury to the
323victim or places the victim in a worse position than he was in before the intervention;
324 (iii) any claim based on negligent maintenance of public property; and
325 (iv) any claim by or on behalf of a patient for negligent medical or other therapeutic
326treatment received by the patient from a public employee.
327 Nothing in this section shall be construed to modify or repeal the applicability of any
328existing statute that limits, controls or affects the liability of public employers or entities except
329as provided for herein.
330 Section 13. If the judgment in any action brought under this chapter is in favor of the
331public employer, judgment for costs and execution thereon may issue in favor of the public
332employer, if the court finds the action brought by the claimant to have been frivolous or in bad
333faith, and final judgment on the action shall be a bar to any other or further action being brought
334on the same claim or subject matter. If the judgment in any action is in favor of the claimant and
335the court finds that the public employer has acted frivolously or in bad faith then the court shall
336award the claimant reasonable legal fees and costs. The provisions pursuant to section 6 of
337chapter 231 shall apply to this section.
338 Section 14. Claims against the commonwealth or any public employer, except as
339otherwise expressly provided in this chapter or by any general or special provision of law, may
340be enforced in the superior court or in the district court that adjudicated a matter.
341 Section 15. (a) Any city or town that accepted section 100I of chapter 41 on or before
342July 20th, 1978, and any other city that accepts this section according to its charter, and any town 17 of 18
343that accepts this section in the manner hereinafter provided in this section shall indemnify and
344save harmless municipal officers, elected or appointed from personal financial loss and expense
345including reasonable legal fees and costs, if any, in an amount not to exceed $10,000,000, arising
346out of any claim, demand, suit or judgment by reason of any act or omission, except an
347intentional violation of civil rights of any person, if the official at the time of such act or
348omission was acting within the scope of the employee’s official duties or employment.
349 (b) This section shall be submitted for acceptance to the voters of each town at an annual
350town meeting in the form of the following question that shall be placed on the official ballot to
351be used for the election of town officers at said meeting:
352 ''Shall the town vote to accept the provisions of section 13 of chapter 258 of the General
353Laws that provides that the town shall indemnify and save harmless municipal officers, elected
354or appointed, from personal financial loss and expense including reasonable legal fees and costs,
355if any, in an amount not to excess of $10,000,000, arising out of any claim, demand, suit or
356judgment by reason of any act or omission except an intentional violation of civil rights of any
357person under any law, if the official at the time of such act or omission was acting within the
358scope of the employee’s official duties or employment?''
359 If a majority of the votes in answer to said question is in the affirmative, said provisions
360shall thereupon take full effect, but not otherwise.
361 Section 16. For the purpose of satisfying liens for past due child support, securing
362repayment of public assistance benefits and past taxes, a public employer shall comply with
363sections 24D, 24E and 24F of chapter 175 and any regulations promulgated thereunder in the 18 of 18
364same manner as if it were a company authorized to issue policies of insurance pursuant to said
365chapter 175.