Conflict of Interest and Trustee Liability Overview

MCA 2-9-305 also defines when board members are NOT covered under the following four scenarios:

1. The conduct of the individual was based on oppression, fraud, or malice.
2. The conduct of the individual constitutes a criminal offense.
3. The individual compromised or settled the lawsuit without the permission of the government entity.
4. The individual failed to cooperate with the defense of the case.

As with any legal difficulty, acting in accordance with the State's Rules of Conduct and commitment to serving in the public's interest is a solid path forward.