§ 160A‑167. Defense of employees and officers;payment of judgments.
(a) Upon request made by or in behalf of any member or formermember of the governing body of any authority, or any city, county, orauthority employee or officer, or former employee or officer, any soil andwater conservation supervisor or any local soil and water conservationemployee, whether the employee is a district or county employee, or any memberof a volunteer fire department or rescue squad which receives public funds, anycity, authority, county, soil and water conservation district, or countyalcoholic beverage control board may provide for the defense of any civil orcriminal action or proceeding brought against him either in his official or inhis individual capacity, or both, on account of any act done or omission made,or any act allegedly done or omission allegedly made, in the scope and courseof his employment or duty as an employee or officer of the city, authority,county or county alcoholic beverage control board. The defense may be providedby the city, authority, county or county alcoholic beverage control board byits own counsel, or by employing other counsel, or by purchasing insurancewhich requires that the insurer provide the defense. Providing for a defense pursuantto this section is hereby declared to be for a public purpose, and theexpenditure of funds therefor is hereby declared to be a necessary expense.Nothing in this section shall be deemed to require any city, authority, countyor county alcoholic beverage control board to provide for the defense of anyaction or proceeding of any nature.
(b) Any city council or board of county commissioners mayappropriate funds for the purpose of paying all or part of a claim made or anycivil judgment entered against any of its members or former members of thegoverning body of any authority, or any city, county, or authority employees orofficers, or former employees or officers, or any soil and water conservationsupervisor or any local soil and water conservation employee, whether theemployee is a district or county employee, when such claim is made or suchjudgment is rendered as damages on account of any act done or omission made, orany act allegedly done or omission allegedly made, in the scope and course of hisemployment or duty as a member or former member of the governing body of anyauthority, or any city, county, district, or authority employee or officer ofthe city, authority, district, or county; provided, however, that nothing inthis section shall authorize any city, authority, district, or county toappropriate funds for the purpose of paying any claim made or civil judgmententered against any of its members or former members of the governing body ofany authority, or any city, county, district, or authority employees orofficers or former employees or officers if the city council or board of countycommissioners finds that such members or former members of the governing bodyof any authority, or any city, county, or authority employee or officer actedor failed to act because of actual fraud, corruption or actual malice on hispart. Any city, authority, or county may purchase insurance coverage forpayment of claims or judgments pursuant to this section. Nothing in thissection shall be deemed to require any city, authority, or county to pay anyclaim or judgment referred to herein, and the purchase of insurance coveragefor payment of any such claim or judgment shall not be deemed an assumption ofany liability not covered by such insurance contract, and shall not be deemedan assumption of liability for payment of any claim or judgment in excess ofthe limits of coverage in such insurance contract.
(c) Subsection (b) shall not authorize any city, authority, orcounty to pay all or part of a claim made or civil judgment entered unless (1)notice of the claim or litigation is given to the city council, authoritygoverning board, or board of county commissioners as the case may be prior tothe time that the claim is settled or civil judgment is entered, and (2) thecity council, authority governing board, or board of county commissioners asthe case may be shall have adopted, and made available for public inspection,uniform standards under which claims made or civil judgments entered againstmembers or former members of the governing body of any authority, or any city,county, or authority employees or officers, or former employees or officers,shall be paid.
(d) For the purposes of this section, "authority"means an authority organized under Article 1 of Chapter 162A of the GeneralStatutes, the North Carolina Water and Sewer Authorities Act."District" means a soil and water conservation district organizedunder Chapter 139 of the General Statutes. (1967, c. 1093; 1971, c. 698, s. 1; 1973, c. 426, s. 23; c. 1450; 1977,c. 307, s. 2; c. 834, s. 1; 1983, c. 525, ss. 1‑4; 2001‑300, s. 2.)
§ 160A‑167. Defense of employees and officers;payment of judgments.
(a) Upon request made by or in behalf of any member or formermember of the governing body of any authority, or any city, county, orauthority employee or officer, or former employee or officer, any soil andwater conservation supervisor or any local soil and water conservationemployee, whether the employee is a district or county employee, or any memberof a volunteer fire department or rescue squad which receives public funds, anycity, authority, county, soil and water conservation district, or countyalcoholic beverage control board may provide for the defense of any civil orcriminal action or proceeding brought against him either in his official or inhis individual capacity, or both, on account of any act done or omission made,or any act allegedly done or omission allegedly made, in the scope and courseof his employment or duty as an employee or officer of the city, authority,county or county alcoholic beverage control board. The defense may be providedby the city, authority, county or county alcoholic beverage control board byits own counsel, or by employing other counsel, or by purchasing insurancewhich requires that the insurer provide the defense. Providing for a defense pursuantto this section is hereby declared to be for a public purpose, and theexpenditure of funds therefor is hereby declared to be a necessary expense.Nothing in this section shall be deemed to require any city, authority, countyor county alcoholic beverage control board to provide for the defense of anyaction or proceeding of any nature.
(b) Any city council or board of county commissioners mayappropriate funds for the purpose of paying all or part of a claim made or anycivil judgment entered against any of its members or former members of thegoverning body of any authority, or any city, county, or authority employees orofficers, or former employees or officers, or any soil and water conservationsupervisor or any local soil and water conservation employee, whether theemployee is a district or county employee, when such claim is made or suchjudgment is rendered as damages on account of any act done or omission made, orany act allegedly done or omission allegedly made, in the scope and course of hisemployment or duty as a member or former member of the governing body of anyauthority, or any city, county, district, or authority employee or officer ofthe city, authority, district, or county; provided, however, that nothing inthis section shall authorize any city, authority, district, or county toappropriate funds for the purpose of paying any claim made or civil judgmententered against any of its members or former members of the governing body ofany authority, or any city, county, district, or authority employees orofficers or former employees or officers if the city council or board of countycommissioners finds that such members or former members of the governing bodyof any authority, or any city, county, or authority employee or officer actedor failed to act because of actual fraud, corruption or actual malice on hispart. Any city, authority, or county may purchase insurance coverage forpayment of claims or judgments pursuant to this section. Nothing in thissection shall be deemed to require any city, authority, or county to pay anyclaim or judgment referred to herein, and the purchase of insurance coveragefor payment of any such claim or judgment shall not be deemed an assumption ofany liability not covered by such insurance contract, and shall not be deemedan assumption of liability for payment of any claim or judgment in excess ofthe limits of coverage in such insurance contract.
(c) Subsection (b) shall not authorize any city, authority, orcounty to pay all or part of a claim made or civil judgment entered unless (1)notice of the claim or litigation is given to the city council, authoritygoverning board, or board of county commissioners as the case may be prior tothe time that the claim is settled or civil judgment is entered, and (2) thecity council, authority governing board, or board of county commissioners asthe case may be shall have adopted, and made available for public inspection,uniform standards under which claims made or civil judgments entered againstmembers or former members of the governing body of any authority, or any city,county, or authority employees or officers, or former employees or officers,shall be paid.
(d) For the purposes of this section, "authority"means an authority organized under Article 1 of Chapter 162A of the GeneralStatutes, the North Carolina Water and Sewer Authorities Act."District" means a soil and water conservation district organizedunder Chapter 139 of the General Statutes. (1967, c. 1093; 1971, c. 698, s. 1; 1973, c. 426, s. 23; c. 1450; 1977,c. 307, s. 2; c. 834, s. 1; 1983, c. 525, ss. 1‑4; 2001‑300, s. 2.)
§ 160A‑167. Defense of employees and officers;payment of judgments.
(a) Upon request made by or in behalf of any member or formermember of the governing body of any authority, or any city, county, orauthority employee or officer, or former employee or officer, any soil andwater conservation supervisor or any local soil and water conservationemployee, whether the employee is a district or county employee, or any memberof a volunteer fire department or rescue squad which receives public funds, anycity, authority, county, soil and water conservation district, or countyalcoholic beverage control board may provide for the defense of any civil orcriminal action or proceeding brought against him either in his official or inhis individual capacity, or both, on account of any act done or omission made,or any act allegedly done or omission allegedly made, in the scope and courseof his employment or duty as an employee or officer of the city, authority,county or county alcoholic beverage control board. The defense may be providedby the city, authority, county or county alcoholic beverage control board byits own counsel, or by employing other counsel, or by purchasing insurancewhich requires that the insurer provide the defense. Providing for a defense pursuantto this section is hereby declared to be for a public purpose, and theexpenditure of funds therefor is hereby declared to be a necessary expense.Nothing in this section shall be deemed to require any city, authority, countyor county alcoholic beverage control board to provide for the defense of anyaction or proceeding of any nature.
(b) Any city council or board of county commissioners mayappropriate funds for the purpose of paying all or part of a claim made or anycivil judgment entered against any of its members or former members of thegoverning body of any authority, or any city, county, or authority employees orofficers, or former employees or officers, or any soil and water conservationsupervisor or any local soil and water conservation employee, whether theemployee is a district or county employee, when such claim is made or suchjudgment is rendered as damages on account of any act done or omission made, orany act allegedly done or omission allegedly made, in the scope and course of hisemployment or duty as a member or former member of the governing body of anyauthority, or any city, county, district, or authority employee or officer ofthe city, authority, district, or county; provided, however, that nothing inthis section shall authorize any city, authority, district, or county toappropriate funds for the purpose of paying any claim made or civil judgmententered against any of its members or former members of the governing body ofany authority, or any city, county, district, or authority employees orofficers or former employees or officers if the city council or board of countycommissioners finds that such members or former members of the governing bodyof any authority, or any city, county, or authority employee or officer actedor failed to act because of actual fraud, corruption or actual malice on hispart. Any city, authority, or county may purchase insurance coverage forpayment of claims or judgments pursuant to this section. Nothing in thissection shall be deemed to require any city, authority, or county to pay anyclaim or judgment referred to herein, and the purchase of insurance coveragefor payment of any such claim or judgment shall not be deemed an assumption ofany liability not covered by such insurance contract, and shall not be deemedan assumption of liability for payment of any claim or judgment in excess ofthe limits of coverage in such insurance contract.
(c) Subsection (b) shall not authorize any city, authority, orcounty to pay all or part of a claim made or civil judgment entered unless (1)notice of the claim or litigation is given to the city council, authoritygoverning board, or board of county commissioners as the case may be prior tothe time that the claim is settled or civil judgment is entered, and (2) thecity council, authority governing board, or board of county commissioners asthe case may be shall have adopted, and made available for public inspection,uniform standards under which claims made or civil judgments entered againstmembers or former members of the governing body of any authority, or any city,county, or authority employees or officers, or former employees or officers,shall be paid.
(d) For the purposes of this section, "authority"means an authority organized under Article 1 of Chapter 162A of the GeneralStatutes, the North Carolina Water and Sewer Authorities Act."District" means a soil and water conservation district organizedunder Chapter 139 of the General Statutes. (1967, c. 1093; 1971, c. 698, s. 1; 1973, c. 426, s. 23; c. 1450; 1977,c. 307, s. 2; c. 834, s. 1; 1983, c. 525, ss. 1‑4; 2001‑300, s. 2.)
