Senate
File
2012
-
Introduced
SENATE
FILE
2012
BY
SODDERS
A
BILL
FOR
An
Act
providing
an
exemption
from
liability
for
certain
1
actions
by
an
officer
or
employee
of
a
municipality
under
2
the
Iowa
municipal
tort
claims
Act.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2012
Section
1.
Section
670.4,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
Any
claim
arising
out
of
3
assault,
battery,
false
imprisonment,
false
arrest,
4
malicious
prosecution,
abuse
of
process,
libel,
slander,
5
misrepresentation,
deceit,
or
interference
with
contract
6
rights.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
provides
an
exception
to
a
municipality’s
11
liability
for
certain
actions
by
an
officer
or
employee
of
the
12
municipality
under
the
Iowa
municipal
tort
claims
Act
(IMTCA,
13
Code
chapter
670).
14
Under
the
IMTCA,
every
municipality
(defined
as
a
city,
15
county,
township,
school
district,
and
any
other
unit
of
local
16
government
except
soil
and
water
conservation
districts)
17
is
subject
to
liability
for
its
torts
and
those
of
its
18
officers
and
employees
acting
within
the
scope
of
their
19
employment
or
duties,
whether
arising
out
of
a
governmental
20
or
proprietary
function,
except
as
otherwise
provided
in
the
21
IMTCA.
Municipalities
are
required
to
defend,
hold
harmless,
22
and
indemnify
municipal
officers
and
employees
from
any
claims
23
occurring
within
the
scope
of
their
employment
or
duties.
24
Municipal
officers
and
employees
under
Code
section
670.12
are
25
not
liable
for
such
exempted
claims
unless
actual
malice
or
26
willful,
wanton,
and
reckless
misconduct
is
proven.
The
IMTCA
27
contains
15
exclusions
from
liability
for
certain
types
of
28
claims.
29
This
bill
excludes
from
a
municipality’s
liability
claims
30
against
any
officer
or
employee
of
the
municipality
under
31
the
IMTCA
for
actions
by
an
officer
or
employee
arising
32
out
of
assault,
battery,
false
imprisonment,
false
arrest,
33
malicious
prosecution,
abuse
of
process,
libel,
slander,
34
misrepresentation,
deceit,
or
interference
with
contract
35
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S.F.
2012
rights.
1
Under
the
IMTCA,
“officer”
is
defined
to
include
but
not
2
be
limited
to
members
of
a
“governing
body”
defined
as
the
3
council
of
a
city,
county
board
of
supervisors,
board
of
4
township
trustees,
local
school
board,
and
other
boards
and
5
commissions
exercising
quasi-legislative,
quasi-executive,
and
6
quasi-judicial
power
over
territory
comprising
a
municipality.
7
“Employee”
includes
a
person
who
performs
services
for
a
8
municipality
whether
or
not
the
person
is
compensated
for
the
9
services,
unless
the
services
are
performed
incident
to
the
10
person’s
attendance
at
a
municipality
function
(Code
section
11
670.2).
12
In
Thomas
v.
Gavin,
838
N.W.2d
518
(2013),
the
Iowa
Supreme
13
Court
refused
to
extend
the
immunity
provided
under
Iowa’s
14
state
tort
claims
Act
(Code
chapter
669)
for
claims
against
15
state
employees
arising
out
of
assault,
battery,
false
16
imprisonment,
false
arrest,
malicious
prosecution,
abuse
17
of
process,
libel,
slander,
misrepresentation,
deceit,
or
18
interference
with
contract
rights
to
municipal
officials
and
19
employees.
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