Chapter 29-A: Defense and Indemnification of County Officers and Employees

It is the intent of this chapter to protect county officers, trustees, officials and employees who are subject to claims and civil actions arising from acts committed within the scope of their official duty while in the course of their employment for the county. It is not intended to create a new remedy for injured persons, nor to waive the sovereign immunity of the county which is extended by law to county officers, trustees, officials and employees. The doctrine of sovereign immunity of the state, extended to the counties by law, and the extension of that doctrine to officers, trustees, officials or employees of the county or any agency thereof acting within the scope of official duty and not in a wanton or reckless manner, except as otherwise provided by statute, is hereby adopted as the law of the state.

If any claim is made or any civil action is commenced against any present or former officer, trustee, official, or employee of any county, or any agency thereof, seeking equitable relief or claiming damages for the negligent or wrongful acts of any such person and said officer, trustee, official, or employee requests the county to provide representation for him or her and the county commissioners, or, in the case of a claim or civil action commenced against the county commissioners, the county convention, determine that the acts complained of were committed by said officer, trustee, official, or employee while acting within the scope of official duty for the county and that said acts were not wanton or reckless, in the absence of other legal representation, the county attorney shall represent and defend such person with respect to such claim or civil action throughout such action or shall, with the consent of the county commissioners, retain outside counsel so to represent or defend such person; and the county shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the county shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from said claim or suit. The county commissioners or county convention shall not be required to consider the request of such person that representation be provided for the person unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading he or she shall deliver the original or a copy thereof to the county commissioners or, in the case of an action against the county commissioners, to the clerk of the county convention. No property either real or personal of any county shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the county created under this chapter. Upon entry of final judgment in any action brought under this chapter the county commissioners shall present such judgment to the county convention for the requisite appropriation. The county attorney or outside counsel retained under this chapter shall have the authority, with the concurrence of the county commissioners, to settle any claim brought under this chapter by compromise; and the county commissioners shall present said settlement to the county convention for the requisite appropriation.

Any county may self-insure against all such damages, losses and expenses to the extent the same are not otherwise covered by insurance purchased by the county.

Any determination by the county commissioners or county convention pursuant to RSA 29-A:2 shall not be admissible as evidence in the trial of any such action or claim.

Nothing contained in this chapter shall be construed to deprive any such person of his right to select and be represented by private counsel of his own choice at his own expense.

Nothing contained in this chapter shall be construed or held to constitute a waiver of any defense, including that of sovereign immunity, otherwise available against the claim.

Appeal from denial of representation by the county commissioners as provided in RSA 29-A:2 shall be available to any officer, trustee, official or employee who is so denied. Such appeal shall be by petition to the county convention.