NO. 130. AN ACT RELATING TO CLAIMS AGAINST MUNICIPAL OFFICERS.
(H.568)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE FINDINGS
The
general assembly finds that:
(1) The doctrine of sovereign immunity for municipalities
and the doctrine of qualified immunity for municipal officers and employees
have been important protections for municipalities and municipal employees in
the state of Vermont.
(2) Changes to the doctrines of sovereign
immunity and qualified immunity require the weighing of broad public policies
affecting municipalities and injured parties, a task which is better suited to
the broad powers of the general assembly, rather than the narrow examination
normally given by a court.
Sec. 2.
LEGISLATIVE COUNCIL REPORT
(a) The legislative council staff shall:
(1) examine the statutory and common law
provisions of the state of Vermont on municipal sovereign immunity and
qualified immunity, and how these provisions affect the rights of municipal
officers and employees and persons injured by municipal officers and employees;
(2) summarize existing theories of sovereign
immunity for municipalities, and immunity for municipal officers and employees;
(3) examine whether there is a national trend
toward or away from providing immunity to municipal officers and employees;
(4) examine the statutory and common law
provisions of other New England states, and states comparable in local
governance or population, regarding sovereign immunity for municipalities and
immunity for municipal officers and employees;
(5) examine the policy set forth in 24 V.S.A.
chapter 121, subchapter 6; and
(6) examine options to protect personal assets
of municipal employees and volunteers from work‑related claims, while
preserving remedies for injured parties for these claims.
(b) By January 1, 2003, the legislative council
shall file a report of its findings, including an analysis of options suitable
for the state of Vermont, with the general assembly.
Approved: June 12, 2002