§ 159B-34. Liability and defense. - North Carolina Statutes

§ 159B‑34. Liability and defense.

(a)        No commissioner or officer of any joint agency ormunicipality, or member of an executive committee created pursuant to G.S. 159B‑10,or person or persons acting in their behalf, while acting within the scope oftheir authority, shall be subject to any personal liability or accountabilityby reason of his carrying out any of the powers expressly or impliedly given inthis Chapter.

(b)        The governing board of a joint agency may provide for thedefense of a criminal or civil proceeding brought against any current or formercommissioner, member of an executive committee, officer, agent or employeeeither in his official or individual capacity, or both, on account of any actdone or omission made in the scope and course of his employment or duty as acommissioner, member of an executive committee, officer, agent, or employee ofthe joint agency. The defense may be provided by the agency by its own counsel,by employing other counsel or by purchasing insurance which requires that theinsurer provide the defense.

(c)        The governing board may appropriate funds for the purpose ofpaying all or part of a claim made or any civil judgment entered against any ofits current or former commissioners, members of executive committees, officers,agents or employees, when such claim is made or such judgment is rendered asdamages on account of any act done or omission made in the scope and course ofhis current or former employment or duty as a commissioner, member of anexecutive committee, officer, agent or employee; provided, however, thatnothing in this section shall authorize any joint agency to appropriate fundsfor the purpose of paying any claim made or civil judgment entered against anycurrent or former commissioners, members of executive committees, officers,agents or employees if the board of commissioners finds that commissioner,member of an executive committee, officer, agent or employee acted or failed toact because of actual fraud, corruption or actual malice on his part. Any jointagency may purchase insurance coverage for payment of claims or judgmentspursuant to this section. (1975, c. 186, s. 1; 1985, c. 225, s. 1; 1995, c. 412, s. 20.)