§ 1-8. Code imposes no liability for acts or omissions pursuant thereto; when town attorney to defend town officers and employees

(a) Nothing in this Code or any other ordinance or resolution of the town council shall be construed to impose any liability upon the town or upon any person for any act or omission required or permitted thereby when such act or omission is otherwise lawful, in good faith, and without malice or mischievous intent and, in the case of any town officer or employee, is in the line of duty and within the scope of his authority.

(b) It shall be the duty of the town attorney to defend town officers and employees against all claims, demands, actions suits, prosecutions and other proceedings brought against them for their acts or omissions while acting in the line of duty and within the purview of subsection (a) of this section.

(Code 1979, § 1-8)

refstatelaw

For state law as to authority to town to provide liability insurance covering town officers, employees and agents for acts and omissions in performance of official duty, see W. Va. Code, § 8-12-7.