Policy: BIE
Board Member Indemnification
Because they are members of an agency of government whose
powers and duties can only be exercised by a decision of the
majority of Board membership when the Board is officially
in session, the members of the Board and its employees and
agents act as agents of the District. None of these individuals
should be placed in a position of personal liability for the
performance of the responsibilities vested in them by the
voters of the District and the state and federal governments.
Therefore, in order to protect the individual members of the
Board, its employees and other agents, and the educational
interest of the community, the Board will purchase, from public
school funds, in the absence of governmental immunity or in
coordination with governmental immunity, adequate insurance
to indemnify Board members and agents of the District for
their official actions in the service of the School District.
The Board will present to the legislative body for approval
appropriate indemnification resolutions prescribed in RSA
31:104, 105, 106, and 107, and will purchase insurance to
protect the District against its potential liability for such
indemnification, structuring such insurance to preserve statutory
immunities wherever possible.
ADOPTED: 12 November 1998
Statutory References;
RSA 31:104 (immunity for votes)
RSA 31:105 (permissive indemnification - majority vote of
district)
RSA 31:106 (mandatory indemnification for civil rights suits;
"malice" exception)
RSA 31:107 (purchase of insurance to cover indemnification
under RSA31:105& 106)
RSA 507:B (sovereign immunity)
