Cherry Creek School District shall indemnify its officers and directors including the Board of Education and members of the Administrative Council (administrators) together with their heirs, estates and personal administrators against any and all claims, judgments, costs, attorney fees and other reasonable expenses to the extent permitted by the constitution and laws of Colorado and as set forth below.
Purposes
The District recognizes the need to encourage elected officials, appointed officers and administrators to effectively and efficiently perform their duties and to protect such individuals in the performance of their duties. To this end, the Board desires to provide such individuals assurances by way of indemnification against claims and causes of action which might arise in the performance of their duties for the District.
Legal Counsel and Indemnification Provided
In all applicable cases, the District shall provide competent legal counsel of its choosing to defend any Board member, appointed officer or administrator as defined above who is a party defendant or is threatened with being made a party defendant to any threatened, pending or contemplated civil, administrative or investigative action, suit or proceeding by reason of the fact that the person is or was an administrator, elected official or appointed officer of the District.
The District also shall pay or indemnify such persons against all expenses, court costs including expert fees, attorneys' fees, fines, punitive damages, appellate costs and necessary bonds relative thereto, judgments and amounts paid in settlement or satisfaction of judgments actually and reasonably incurred by him in connection with such action, suit or proceeding provided that as determined by the Board in its discretion such person acted in good faith within the scope of his authority, employment and duties and in the reasonable belief that his actions were lawful, reasonable and in the best interests of the District.
Discretion of the Board
The Board at its discretion may direct District legal counsel or any other attorney of its choice to defend any such legal action. The designation of defense counsel by the Board shall not preclude such defense being conducted under a reservation or rights of indemnity by the District.
In the event the cause of action is covered under a District insurance policy or under the provision of any self-insurance program or insurance pool which provides for defense, the Board shall have the discretion to decide whether the District's legal counsel or any attorney is designated to assist appointed insurance counsel in the defense.
Exceptions/Inapplicability
Nothing in the policy shall be construed to require the District to provide legal counsel or indemnification in the following situations:
Adoption Date: May 09, 1988
- In civil matters, where such person described above is plaintiff or moving party or where it shall be finally adjudicated in any action, suit or proceeding that the person had not acted in good faith and in the reasonable belief that his own action was in the best interests of the District.
- In criminal actions, where such person described above is the complaining party or where such person in the discretion of the Board knew or had reasonable grounds to believe or with reasonable diligence should have believed that his conduct was unlawful.
- In the event the District carries insurance covering such acts or omissions unless the claim asserted is in excess of the insurance policy limits.
- Any claim based on federal law, whether filed in federal or state court
- Any claim for declaratory or injunctive relief
- Contractual claims
- Tort and negligence claims including those in excess of limits established by the Colorado Governmental Immunity Act
- Claims based on alleged conflict of interest
- Claims based on bond issuance, disclosure and sales
- Claims based on acts alleged to be in excess of lawful authority
Legal References: | C.R.S. 24‑10‑101 et seq. (Colorado Governmental Immunity Act) |