HomeMy WebLinkAboutC.054.93008_1616 (2)I 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.