669.21 Employees defended and indemnified. 1. Except as otherwise provided in subsection 2, the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2,subsection 3, paragraph 'b', including claims arising under the Constitution, statutes, or rulesof the United States or of any state. 2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigationor defense of the claim, as defined in this section, or if, in an action commenced by the stateagainst the employee, it is determined that the conduct of the employee upon which a tortclaim or demand was based constituted a willful and wanton act or omission or malfeasancein office. b. The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, asprovided in section 669.5. [C77, 79, 81, §25A.21]84 Acts, ch 1259, §2C93, §669.2198 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12 Sat Dec 23 ee, asprovided in section 669.5. [C77, 79, 81, §25A.21]84 Acts, ch 1259, §2C93, §669.2198 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12 Sat Dec 23 12:24:22 2023 Iowa Code 2024, Section 669.21 (16, 0)
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