Liability for Debts and Actions of the Council

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Sec. 31. (a) Obligations incurred by the council and other liabilities and claims against the council may be enforced only against the assets of the council in the same manner as if the council were a corporation. Liabilities for the debts or actions of the council may not arise against:

(1) the state;

(2) a political subdivision (as defined in IC 34-6-2-110); or

(3) a member, an officer, an employee, or an agent of the council in an individual capacity.

(b) The members and employees of the council may not be held responsible individually in any way to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, or employee, except for their own individual acts that result in the violation of any law.

(c) An employee of the council may not be held responsible individually for the act or omission of any member of the council.

(d) Any liability of the members of the council is several and not joint. A member of the council may not be held liable for the default of any other member.

[Pre-2008 Recodification Citation: 15-4-10-25.]

As added by P.L.2-2008, SEC.6.


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