Attorney General Opinion No. 1986-018

Résumé du livre

A township board member who is acting within his scope of employment is immune from liability for actions which fall within the exceptions to liability listed in K.S.A. 75-6104. The township is also immune from liability for such employee actions. In the event none of the exceptions apply, the township must provide a defense for the board member, if such defense is properly requested, and must indemnify the board member for any damages awarded as a result of the claim. The township is not, however, responsible for a board member who acts outside the scope of his employment or with actual malice or actual fraud, and need not indemnify or defend a board member if the board member does not cooperate in good faith in the defense of the claim. Liability is limited under the act to $500,000 per occurrence, and the township may, if it chooses, acquire insurance against such claims. K.S.A. 80-1109 provides the procedure required for consolidating townships. Cited herein: K.S.A. 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6113, 80-1109.