The Lyme School •  Lyme, New Hampshire
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Lyme School Board

Policy Manual

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)