GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-300
AN ACT TO CLARIFY THE AUTHORITY OF COUNTIES AND CITIES TO PROVIDE FOR THE DEFENSE OF AND TO PAY JUDGMENTS AGAINST SOIL AND WATER CONSERVATION SUPERVISORS AND EMPLOYEES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 153A-97 reads as rewritten:
"§ 153A-97. Defense of officers, employees and others.
A county may, pursuant to G.S. 160A-167, provide for the defense of:
(1) Any county officer or
employee, including the county board of elections or any county election official;
official.
(2) Any member of a
volunteer fire department or rescue squad which receives public funds; and
funds.
(2a) Any soil and water conservation supervisor, and any local soil and water conservation employee, whether the employee is a county employee or an employee of a soil and water conservation district.
(3) Any person or professional association who at the request of the board of county commissioners provides medical or dental services to inmates in the custody of the sheriff and is sued pursuant to 42 U.S.C. § 1983 with respect to the services."
SECTION 2. G.S. 160A-167 reads as rewritten:
"§ 160A-167. Defense of employees and officers; payment of judgments.
(a) Upon request made by
or in behalf of any member or former member of the governing body of any
authority, or any city, county, or authority employee or officer, or former
employee or officer, any soil and water conservation supervisor or any local
soil and water conservation employee, whether the employee is a district or
county employee, or any member of a volunteer fire department or rescue
squad which receives public funds, any city, authority, county county,
soil and water conservation district, or county alcoholic beverage control
board may provide for the defense of any civil or criminal action or proceeding
brought against him either in his official or in his 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 course of his employment or duty as
an employee or officer of the city, authority, county or county alcoholic beverage
control board. The defense may be provided by the city, authority, county or
county alcoholic beverage control board by its own counsel, or by employing
other counsel, or by purchasing insurance which requires that the insurer
provide the defense. Providing for a defense pursuant to this section is hereby
declared to be for a public purpose, and the expenditure of funds therefor is
hereby declared to be a necessary expense. Nothing in this section shall be
deemed to require any city, authority, county or county alcoholic beverage
control board to provide for the defense of any action or proceeding of any
nature.
(b) Any city council or
board of county commissioners may appropriate funds for the purpose of paying
all or part of a claim made or any civil judgment entered against any of its
members or former members of the governing body of any authority, or any city,
county, or authority employees or officers, or former employees or officers, or
any soil and water conservation supervisor or any local soil and water
conservation employee, whether the employee is a district or county employee,
when such claim is made or such judgment is rendered as damages on account of
any act done or omission made, or any act allegedly done or omission allegedly
made, in the scope and course of his employment or duty as an members or
former members [a member or former member] a member or former member
of the governing body of any authority, or any city, county, district,
or authority employee or officer of the city, authority, district, or
county; provided, however, that nothing in this section shall authorize any
city, authority, district, or county to appropriate funds for the
purpose of paying any claim made or civil judgment entered against any of its
members or former members of the governing body of any authority, or any city,
county, district, or authority employees or officers or former employees
or officers if the city council or board of county commissioners finds that
such members or former members of the governing body of any authority, or any
city, county, or authority employee or officer acted or failed to act because
of actual fraud, corruption or actual malice on his part. Any city, authority,
or county may purchase insurance coverage for payment of claims or judgments
pursuant to this section. Nothing in this section shall be deemed to require
any city, authority, or county to pay any claim or judgment referred to herein,
and the purchase of insurance coverage for payment of any such claim or
judgment shall not be deemed an assumption of any liability not covered by such
insurance contract, and shall not be deemed an assumption of liability for
payment of any claim or judgment in excess of the limits of coverage in such
insurance contract.
(c) Subsection (b) shall not authorize any city, authority, or county 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, authority governing board, or board of county commissioners as the case may be prior to the time that the claim is settled or civil judgment is entered, and (2) the city council, authority governing board, or board of county commissioners as the case may be shall have adopted, and made available for public inspection, uniform standards under which claims made or civil judgments entered against members 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 General Statutes, the North Carolina Water and Sewer Authorities Act. "District" means a soil and water conservation district organized under Chapter 139 of the General Statutes."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of July, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:15 p.m. this 21st day of July, 2001