The Ocean Springs School Board has the power and authority to employ and fix the duties and compensation of such legal counsel as deemed necessary. ' 37-7-301(x)  (1993)

The Ocean Springs School District Board of Trustees shall employ an attorney to serve for a period of one year to commence on the first day of July of each year.  Following the acceptance of the conditions of employment and the compensation for the services, the Board shall issue a memorandum of understanding that includes but is not limited to a detailed listing of all those services to be provided for the agreed upon retainer. The retainer language should provide for consultation with the superintendent or designee for information needed when the board is not in session and for attendance at all board meetings.  In addition, the Board shall agree to pay an hourly amount for other listed work to be performed by the attorney outside of the retainer agreement. 

On the last day of June of each year the memorandum of understanding shall end and only upon affirmative action by the board shall the period of employment for the attorney be extended for a period not to exceed one year following review by the Board of the services provided the preceding year and the adoption of amendments to the memorandum. All memoranda of understanding shall be spread upon the minutes of the Board at the time of adoption.

(1)    Any municipality of the State of Mississippi is hereby authorized and empowered, within the discretion of its governing authorities, to investigate and provide legal counsel for the defense of any claim, demand, or action, whether civil or criminal, made or brought against any state, county, school district, or municipal officer, agent, servant, employee, or appointee as a result of his/her actions while acting in the capacity of such officer, agent, servant, employee, or appointee; and such municipality is hereby authorized to pay for all costs and expenses incident to such investigation and defense.  ' 25-1-47 (1971)

(2)    Except in the case of excessive force or cruel and unusual punishment, a teacher, principal or assistant principal shall not be civilly or criminally liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the School Board regarding the control, discipline, suspension and expulsion of students.  The School Board shall provide any necessary legal defense to a teacher, principal or assistant principal in any action which may be filed against such school personnel.

(3)    Corporal punishment administered in a reasonable manner by a teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the School Board does not constitute assault, simple assault, aggravated assault, battery, negligence or child abuse.  No teacher, principal or assistant principal so acting shall be named as an individual defendant or be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, unless the court determines that the teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety.

"Corporal punishment" means the reasonable use of physical contact by a teacher, principal or assistant principal as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.  Corporal punishment in the form of paddling shall be witnessed at all times by at least one (1) school employee, and all other acts of corporal punishment, as defined herein, shall be witnessed at all times, if possible, by a school employee.  ' 37-11-57 (1997)

(4)    From and after October 1, 1993, and subject to the provisions of this chapter, the school district shall be responsible for providing a defense to its employees and for the payment of any judgment in any civil action or the settlement of any claim against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided, however, that to the extent that the school district has a plan or policy of insurance and/or reserves which the Board has approved as providing satisfactory security for the defense and protection of the school district against all claims and suits for injury for which immunity has been waived under this chapter, the school district's duty to indemnify and/or defend such claim on behalf of its employee shall be secondary to the obligation of any such insurer or indemnitor, whose obligation shall be primary.  The provisions of this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any school district vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(5)    The responsibility of the Ocean Springs School District to provide a defense for its employee shall apply whether the claim is brought in a court of this or any other state or in a court of the United States.

(6)    A school district shall not be entitled to contribution or indemnification, or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his/her employment.  Any action by a school district against its employee and any action by an employee against the school district for contribution, indemnification, or necessary legal fees and expenses shall be tried to the court in the same suit brought on the claim against the school district or its employee.

(7)    The duty to defend and to pay any judgment as provided in subsection (3) of this section shall continue after employment with the school district has been terminated, if the occurrence for which liability is alleged happened within the course and scope of duty while the employee was in the employ of the school district.

(8)    For the purposes of this chapter and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his/her employment is within the course and scope of his/her employment.

(9)    Nothing in this chapter shall enlarge or otherwise adversely affect the personal liability of an employee of a school district.  Any immunity or other bar to a civil suit under Mississippi or federal law shall remain in effect.  The fact that a school district may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit. ' 11-46-7  (1993)

LEGAL REF.: MS CODE as cited

ADOPTED:    11/11/1980

REVISED:      10/11/2005