Immunity; exception; duty to defend; indemnity

Sec. 12. (a) The administrators, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property, personal injury, or another civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (b) Subsection (a) does not protect an administrator, officer, executive director, employee, or representative of the commission from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person. (c) The commission shall defend an administrator, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (d) Subsection (c) does not do the following: (1) Prohibit the administrator, officer, executive director, employee, or representative of the commission from retaining that person's own counsel. (2) Require the commission to defend the administrator, officer, executive director, employee, or representative of the commission if the actual or alleged act, error, or omission resulted from that person's intentional, willful, or wanton misconduct. (e) The commission shall indemnify and hold harmless an administrator, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (f) Subsection (e) does not require the commission to indemnify or hold harmless an administrator, officer, executive director, employee, or representative of the commission if, the actual or alleged act, error, or omission resulted from the intentional, willful, or wanton misconduct of that person.