Massachusetts General Laws

Mass. Gen. Laws ch. 258, § 13 (2026)

Indemnity of municipal officials

✓ current as of July 2026

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Section 13. Any city or town which accepted section one hundred I of chapter forty-one on or before July twentieth, nineteen hundred and seventy-eight, and any other city which accepts this section according to its charter, and any town which accepts this section in the manner hereinafter provided in this section shall indemnify and save harmless municipal officers, elected or appointed from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission, except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment.

This act shall be submitted for acceptance to the voters of each town at an annual town meeting in the form of the following question which shall be placed on the official ballot to be used for the election of town officers at said meeting:—''Shall the town vote to accept the provisions of section thirteen of chapter two hundred and fifty-eight of the General Laws which provides that the town shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission except an intentional violation of civil rights of any person under any law, if the official at the time of such act or omission was acting within the scope of his official duties or employment?'' If a majority of the votes in answer to said question is in the affirmative, said provisions shall thereupon take full effect, but not otherwise.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1983–2025 · leading case: Triplett v. Town of Oxford, 791 N.E.2d 310 (Mass. 2003).

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Triplett v. Town of Oxford, 791 N.E.2d 310 (Mass. 2003). · cites it 11× “When the town refused to reimburse him for his legal fees, Triplett filed a complaint for declaratory judgment in the Superior Court seeking indemnification under the Massachusetts Tort Claims Act (tort claims act), G. L. c. 258, § 13. The town moved for summary judgment,…”

Dugan v. Bd. of Selectmen of Dartmouth, 602 N.E.2d 563 (Mass. 1992). · cites it 4× “The town of Dartmouth has accepted the provisions of G. L. c. 258, § 13 (1990 ed.), under which it is obliged to indemnify municipal officers against personal financial loss and expense, including reasonable legal fees and costs, “arising out of any claim, demand, suit or…”

McCoy v. Town of Kingston, 864 N.E.2d 1251 (Mass. App. Ct. 2007). · cites it 9× “On cross motions for summary judgment, the judge determined that McCoy was not entitled to indemnification due to (1) the inapplicability of G. L. c. 258, § 13, to the dispute; and (2) his failure to seek the selectmen’s prior approval before incurring private counsel fees, as…”

Breault v. Chairman of Bd, Fire Commr. of Springfield, 513 N.E.2d 1277 (Mass. 1987). “G.L.c. 258, § 13. [12] By this we mean that the Act operates almost entirely within the realm of behavior which is "intentional" in the tort sense "that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to…”

City of Boston v. Boston Police Patrolmen's Ass'n, 717 N.E.2d 667 (Mass. App. Ct. 1999). · cites it 3× “258, § 9 (and the substantially identical G. L. c. 258, § 13), are specific in their terms and were intended by the Legislature to confine (on grounds of public policy) indemnification of public employees by their employers to covered cases [meeting the conditions of § 9], By…”

Filippone v. Mayor of Newton, 452 N.E.2d 239 (Mass. App. Ct. 1983). “258, § 13), are specific in their terms and were intended by the Legislature to confine (on grounds of public policy) indemnification of public employees by their employers to covered cases where (1) there is a loss or actual expense which is (2) personal to the employee, (3)…”

Breault v. Chairman of the Bd. of Fire Commissioners, 513 N.E.2d 1277 (Mass. 1987). “G. L. c. 258, § 13. By this we mean that the Act operates almost entirely within the realm of behavior which is “intentional” in the tort sense “that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result…”

Restivo v. Town of Swansea, 398 Mass. 1002 (Mass. 1986). · cites it 3× “In both the Superior Court and this court, the plaintiffs have relied exclusively on G. L. c. 258, § 13 (1984 ed.), as the basis of their claim that the town is required to pay them the amount of the Federal District Court judgments plus postjudgment interest.”

Rosario v. Waterhouse (D. Mass. 2019). · cites it 4× “Mass. Gen. Laws ch. 258, §13 . However, the City argues that “[n]o reasonable reading of [subsection (d)(2)] can result in a conclusion that it is intended to apply … to the City based on its indemnification obligations.”

Cifizzari v. Town of Milford (D. Mass. 2024). · cites it 3× “5 Mass. Gen. Laws ch. 258, § 13 . This District has held that the Town’s indemnification obligation under Mass.”

St. Pierre v. Town of Dartmouth, 1 Mass. L. Rptr. 20 (Mass. Super. Ct. 1993). · cites it 5× “Specifically, the defendants contend that the Town has indemnified the police officers to the extent required by G.L.c. 258, §13, and that as a matter of law, neither the Town nor its officials owe any additional duties to the plaintiffs.”

Pietrewicz v. Bd. of Selectmen of Webster, 7 Mass. L. Rptr. 137 (Mass. Super. Ct. 1997). “The Town has also accepted the provisions of G.L.c. 258, §13 and, therefore, the Town is obligated to indemnify the individual defendants unless it is determined that they acted outside the scope of their official duties.”

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