(1) In any action or special proceeding brought against a trustee in the trustee’s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS § 441.277 to 441.323, the trustee shall be considered a public employee.

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(2) A trustee may be held liable in a personal capacity only for the trustee’s own gross negligence, intentional acts or breach of fiduciary duty. [1981 c.868 § 9]

[Amended by 1959 c.616 § 1; 1969 c.343 § 17; repealed by 1971 c.647 § 149]