1. Except as otherwise provided in this chapter, every municipality is subject to liability for
its torts and those of its officers and employees, acting within the scope of their employment
or duties, whether arising out of a governmental or proprietary function.
2. For the purposes of this chapter, “employee” includes a person who performs services
for a municipality whether or not the person is compensated for the services, unless the
services are performed only as an incident to the person’s attendance at a municipality
function.
3. A person who performs services for a municipality or an agency or subdivision of a
municipality and who does not receive compensation is not personally liable for a claim based
upon an act or omission of the person performed in the discharge of the person’s duties,
except for acts or omissions which involve intentional misconduct or knowing violation of
the law, or for a transaction from which the person derives an improper personal benefit. For
purposes of this section, “compensation” does not include payments to reimburse a person
for expenses.
[C71, 73, 75, 77, 79, 81, §613A.2; 82 Acts, ch 1018, §3]
87 Acts, ch 212, §20
C93, §670.2
2016 Acts, ch 1011, §114
Referred to in §670.4, 670.5, 670.7, 670.9, 670.10\n\nTue Dec 09 21:57:33 2025 Iowa Code 2026, Chapter 670 (28, 0)
§670.3, TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS 2
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Notes of Decisions
Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard, & Adam Olson Deputy Sheriff Luke Hruby Reserve Deputy Sheriff Joshua Gersten the City of North Liberty, Iowa & Johnson Cnty., Iowa, 838 N.W.2d 518 (Iowa 2013).
· cites it 16× “In its current form, the Act states, “Except as otherwise provided in this chapter, every municipality is subject to liability for its torts and those of its officers and employees, acting within the scope of their employment or duties_” Iowa Code § 670.2 . “Municipality”…”
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019).
· cites it 8× “8, a person who claims damages from any municipality or any officer, employee or agent of a municipality for or on account of any wrongful death, loss, or injury within the scope of section 670.2 or section 670.8 or under common law shall commence an action therefor within two…”
Kaitlyn Johnson v. Humboldt Cnty., Iowa, 913 N.W.2d 256 (Iowa 2018).
· cites it 15× “See Iowa Code § 670.2 (2013) (“Except as otherwise provided in this chapter, every municipality is subject to liability for its torts and those of its officers and employees, acting within the scope of their employment or duties .”
Jane Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347 (Iowa 2014).
· cites it 10× “§ 670.2 (“[E]very municipality is subject to liability for its torts and those of its officers and employees, acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function.”
City of West Branch v. Miller, 546 N.W.2d 598 (Iowa 1996).
· cites it 10× “The language of section 670.7 makes clear that the legislature intended to authorize municipalities to purchase liability insurance insuring against such claims.”
Sanon v. City of Pella, 865 N.W.2d 506 (Iowa 2015).
· cites it 6× “The first statute provides: The liability imposed by section 670.2 shall have no application to any claim enumerated in this section.”
Hoffert v. Luze, 578 N.W.2d 681 (Iowa 1998).
· cites it 12× “Iowa Code section 670.2 is a general statute subjecting municipalities to liability “for its torts and those of its officers and employees acting within the scope of their employment or duties.”
Cedar Falls v. Cedar Falls Sch. Dist., 617 N.W.2d 11 (Iowa 2000).
· cites it 6× “Iowa Code § 670.2 (emphasis added). The District contends the parent volunteers may not be considered “employees” for whose torts it would be liable under this section, as any supervisory services they performed were only incidental to their attendance at Safety City.”
Donahue v. Washington Cnty., 641 N.W.2d 848 (Iowa Ct. App. 2002).
· cites it 10× “26 and applicable Washington County Ordinance Code sections to establish that Officer Shelman was negligent in his investigation of the dog-bite incidents, and that these sections, along with Iowa Code section 670.”
— Iowa Code § 670.2(1) — 11 cases
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019).
“8, a person who claims damages from any municipality or any officer, employee or agent of a municipality for or on account of any wrongful death, loss, or injury within the scope of section 670.2 or section 670.8 or under common law shall commence an action therefor within two…”
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