§ 2813 — Immunity of Council and committees

(a) The Council and the members of any committees appointed by the Council are immune from any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determination undertaken or performed, or from any recommendation made, so long as the Council or committee member acted in good faith and without gross negligence in carrying out the responsibilities, authority, duties, powers, and privileges conferred by law upon them, with good faith being presumed.

(b) The Attorney General’s office shall represent the Council, Council members, council officials, any committee created by Council or committee member, and at the express request of the Council, any person appointed or employed by the Council, in a civil action for damages arising from duties and services performed, or powers to be exercised, for the State. If the Attorney General’s office determines it would be improper or unlawful to undertake such representation, then representation of such parties should proceed in accordance with § 3925 of Title 10.

Legislative History

24 Del. C. 1953, § 2813; 58 Del. Laws, c. 501, § 1 ; 65 Del. Laws, c. 261, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 267, § 1 ; 78 Del. Laws, c. 162, § 2