Title 45, Chapter 9, Section 60
( 45-9-60)
In the event that a public officer or official has a money judgment
returned against him in an action or is otherwise subjected to
monetary liability by an aggrieved party, by his bond carrier, or
both as a result of an act of omission or commission of a
subordinate employee of the public officer or official and in the
event that said public officer or official shall, as a result of
such action, be required to expend his personal moneys, said officer
or official shall be indemnified out of funds otherwise available to
the public official's or officer's department or office, provided
that authorization for such indemnification payment by the
department or office shall be contingent on issuance of an official
opinion of the Attorney General declaring that the judgment against
or liability of the public officer or official was not due to an act
of omission or commission of the public officer or official which
constituted a breach of a duty imposed by law on the officer or
official. In the event that the Attorney General is the public
official seeking indemnification under this article, the Governor
shall make the determination as to whether or not the liability of
the Attorney General was due to an act of omission or commission of
the Attorney General which constituted a breach of a duty imposed by
law. |