75-6119. Exception from liability for members of governing body, appointive board, commission, committee or council of a municipality. (a) A member of a governing body of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or governing body.
(b) A member of any appointive board, commission, committee or council of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or board, commission, committee or council.
(c) Nothing in this section shall be construed to affect the liability of a municipality for damages caused by the negligent or wrongful act or omission of the governing body, or any appointive board, commission, committee or council, of the municipality, or any member thereof, and the negligence or wrongful act or omission of any member of such a governing body, board, commission, committee or council, when acting as such, shall be imputed to the municipality for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas tort claims act.
History: L. 1987, ch. 353, ยง 2; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 61 - Kansas Tort Claims Act
75-6101 Citation of act; claims to which act applicable; act applicable to municipalities.
75-6104 Same; when; exceptions from liability.
75-6106 Same; settlement of claims, procedure; effect of settlement.
75-6107 Same; judgment against governmental entity, effect; judgment against employee, effect.
75-6113 Moneys for payment of judgments or settlements against municipalities, sources.
75-6115 Claims for damages against health care providers.
75-6117 Tort claims fund for payment of claims and defense expenses.