3-19-1      Payment or indemnity allowable for costs, fees, judgments, or settlements in claims or actions against officers or employees.
3-19-2      Maximum payment or indemnity_Different maximum established by governing body--Excess claim to Legislature.
3-19-3      Determination of payment or indemnity by governing board or attorney general.

3-19-1. Payment or indemnity allowable for costs, fees, judgments, or settlements in claims or actions against officers or employees.

If any claim or action is instituted against any governing board or member thereof, or an officer or employee of the State of South Dakota, or any political subdivision of the state, including the board of supervisors or members of an improvement district, arising out of an act or omission occurring within the scope of the employment of such employee, or when exercising official duties or responsibilities as an officer or member of such governing board, the entity may elect to do any one or more of the following things:

(1)    Indemnify such officer or employee for the court costs incurred in the defense of such claim or action;

(2)    Pay or indemnify such officer or employee the reasonable attorney fees incurred by virtue of such claim or action;

(3)    Pay or indemnify such officer or employee for a judgment based upon such claim or action; or

(4)    Pay or indemnify such officer or employee for a compromise or settlement of such claim or action.

Source: SL 1969, ch 232; SL 1990, ch 52, § 2.

3-19-2. Maximum payment or indemnity--Different maximum established by governing body--Excess claim to Legislature.

In no event may the total amount of payment or indemnity for any one officer or employee exceed the sum of twenty-five thousand dollars. However, any political subdivision may establish a different maximum amount of payment or indemnity by a resolution approved by its governing body. Indemnity in excess of twenty-five thousand dollars or the maximum amount of the payment or indemnity approved by a resolution adopted by a political subdivision's governing body, whichever is greater, may be presented as a claim to the Legislature.

Source: SL 1969, ch 232; SL 1974, ch 34; SL 1977, ch 34; SL 1985, ch 30; SL 2005, ch 29, § 1.

3-19-3. Determination of payment or indemnity by governing board or attorney general.

The governing board of the particular political subdivision, including improvement districts, shall act for the entity in determining the election and amount of indemnity or payment to be made to such officer or employee. If the officer or employee is a state officer or employee, the attorney general shall make such election, and determine the amount of reimbursement or payment to be made to such employee.

Source: SL 1969, ch 232; SL 1990, ch 52, § 3.