W. Va. Code R. § 112-19-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 112-19-8 - Designees and Indemnification

8.1. Any duty authorized, provided, or required to be performed by any board member or officer may be performed by his or her duly authorized designee.

8.2. To the extent permitted by law, the Board shall indemnify each current and former board member, officer, designee, committee member, or state employee performing services on behalf of the Board, as well as his or her heirs and personal representatives, against costs and expenses (including judgments, fines, taxes, penalties, and interest) at any time reasonably incurred by him arising out of or in connection with his or her service on or for the Board: Provided, That the board will not indemnify said person for matters as to which he or she shall be adjudged in such action, suit, or proceeding to be liable for gross negligence or willful misconduct in the performance of a duty to the Board. If in the judgment of the Board, a settlement of any claim, action, suit, or proceeding so arising be deemed in the best interest of the Board, any such board member, officer, designee, committee member, or STO or State Superintendent of Schools employee performing services on behalf of the Board shall be reimbursed for any amounts paid by him in effecting such settlement and reasonable expenses incurred in connection therewith. If payment of any costs and expenses is advanced pursuant to this provision prior to adjudication or settlement, such payments shall be repaid to the Board in the event it shall ultimately be determined that such board member, officer, designee, committee member, or STO or State Superintendent of Schools employee performing services on behalf of the Board is not entitled to be indemnified by the Board pursuant to this provision or pursuant to a duly adopted resolution of the Board. The right of indemnification set forth herein shall be in addition to any and all other rights to which any board member, officer, designee, committee member, or STO or State Superintendent of Schools employee performing services on behalf of the Board may be entitled as a matter of law or pursuant to a duly adopted resolution of the Board: Provided, That the Board shall not indemnify any person or persons who shall be adjudged liable for gross negligence or willful misconduct in the performance of a duty to the Board.