State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 88 > 88.172

88.172

88.172 Limited liability of drainage board members.

88.172(1)

(1) Except as provided in subs. (2) and (3), a drainage board member is not liable to any other person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perform, any duty resulting solely from his or her status as a drainage board member, unless the person asserting liability proves that the breach or failure to perform constitutes any of the following:

88.172(1)(a)

(a) A willful failure to deal fairly with any person in connection with a matter in which the drainage board member has a material conflict of interest.

88.172(1)(b)

(b) A violation of criminal law, unless the drainage board member had reasonable cause to believe that his or her conduct was lawful or no reasonable cause to believe that his or her conduct was unlawful.

88.172(1)(c)

(c) A transaction from which the drainage board member derived an improper personal profit.

88.172(1)(d)

(d) Willful misconduct.

88.172(2)

(2) Except as provided in sub. (3), this section does not apply to any of the following:

88.172(2)(a)

(a) A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.

88.172(2)(b)

(b) A proceeding brought by any person for a violation of state or federal law if the proceeding is brought under an express private right of action created by state or federal statute.

88.172(3)

(3) Subsection (2) does not apply to a proceeding brought by a governmental unit, authority or agency in its capacity as a private party or contractor.

88.172 - ANNOT.

History: 1993 a. 456.

88.172 - ANNOT.

NOTE: 1993 Wis. Act 456, which creates this section, contains extensive explanatory notes.