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HomeMy WebLinkAboutC.054.93008_1616I IW) County will not defend a claim or lawsuit or pay a claim or judgment when the officer or employee willfully: 1. Acts or fails to act because of actual fraud, corruption or malice; 2. Acts or fails to act as a result of or at a time when his self-indulgence substantially impaired his judgment (as, for example, an officer or employee who causes damage or injury while intoxicated or under the influence of drugs while on the job); 3. Acts or fails to act, except in emergencies or the existence of extenuating circumstances, directly contrary to instructions from his superior, or directly contrary to advice of the City Attorney; 4. Acts or fails to act in such a manner as to constitute a criminal act (as, for example, misappropriation or property or funds). The County Manager or his designee shall determine whether or not a claim or suit filed against an officer or employee meets the requirement specified herein for providing a defense for such officer or employee. If the County Manager or his designee determines that a claim or suit does not meet the requirements specified herein, the affected officer or employee may appeal said determina- tion to the Board of County Commissioners. The Board of County Commissioners shall afford the officer or employee a hearing on the matter and shall decide whether or not the claim or suit meets the requirements of this resolution. The terms of 'officer" and "employee" as used herein shall mean present or past county commis- sioners, officers, employees or volunteers and present or past appointed members of County boards, agencies, committees and commissions who might hereafter have claims or judgments entered against them. The policies specified herein shall not be applicable unless notice of the claim or suit is given to the County Board of Commissioners through the County Manager or County Attorney prior to the time the claim is settled or civil suit is litigated and judgment is entered. This resolution shall not be interpreted in any way to relieve any insurance company of its obligation under any insurance policy to protect the interests of any insured under said policy, or to reduce or eliminate the rights of any officer or employee of the County against the other party. Further, except as expressly stated herein, this resolution is not to be interpreted as a waiver of any rights the County has against any party. Nor shall the adoption of this resolution be construc- ted to waive the defense of governmental immunity. This resolution is effective immediately shall constitute uniform standards under which claims made or civil judgments entered against officers or employees of the County shall be paid. A copy of this resolution shall be maintained in the office of the County Clerk for public inspection during all normal business hours. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Stewart to approve the following resolution as amended at this meeting by the board members: RESOLUTION OF IREDELL COUNTY BOARD OF COMMISSIONERS ESTABLISHING A PROCEDURE FOR THE HANDLING OF CLAIMS AND LAWSUITS AGAINST THE COUNTY, ITS OFFICERS AND EMPLOYEES. .� WHEREAS, Iredeil County Board of Commissioners has adopted a resolution relating to claims and judgments sought or entered against County officers or employees which establishes uniform standards under which claims or civil judgments shall be paid; and WHEREAS, it is necessary that the County Commissioners also adopt procedures detailing the handling of claims and lawsuits brought against the County, its officers and employees; and WHEREAS, N.C.G.S. 153A-12 permits the County Commissioners to provide for the exercise or performance of duties and powers by its officers, by adoption of a resolution setting forth the directions and restrictions for the exercise of said powers. NOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners of Iredeil County, in regular session duly assembled, that the following procedure shall be implemented for the handling of claims and lawsuits brought against the County, its officers or employees: Settlement Authority The County Manager, with the prior approval of the Chairman or Vice Chairman of the County Commissioners, is hereby authorized to settle all claims or lawsuits for which insurance coverage is not available, when the amount involved does not exceed the sum of $5,000. All claims or lawsuits where the proposed settlement exceeds $5,000 shall be paid only upon the prior approval of the County Board of Commissioners.