§ 159B-46. Reports, liability, and personnel. - North Carolina Statutes

§ 159B‑46. Reports, liability, and personnel.

(a)        Each joint municipal assistance agency shall, following theclosing of each fiscal year, submit an annual report of its activities for thepreceding year to the governing boards of its members. Each such report shallset forth an operating and financial statement covering the operations of thejoint municipal assistance agency during such year. The joint municipalassistance agency shall cause an audit of its books of record and accounts tobe made at least once in each year by independent certified public accountants.

(b)        No commissioner, alternate commissioner or director orofficer of any joint municipal assistance agency, member of an executivecommittee created pursuant to G.S. 159B‑10, officer of any joint agencyor municipality, or person or persons acting in their behalf, while actingwithin the scope of his authority, shall be subject to any personal liabilityor accountability by reason of his carrying out any of the powers expressly orimpliedly given in this Article.

(c)        Each municipality, joint agency and joint municipalassistance agency shall be severally liable for its own acts or omissions andnot jointly or severally liable for the acts, omissions, or obligations ofothers, including other municipalities.

(d)        In no event shall any municipality or joint agency be liableor responsible for any acts, omissions or obligations of any joint municipalassistance agency or any of its officers, members of an executive committee,employees or agents; provided, however, that contracts between the jointmunicipal assistance agency and one or more municipalities or one or more jointagencies may expressly provide for the imputation of or indemnification for anyliability of one party thereto by the other, or for the assumption of anyobligation of one party thereto by the other.

(e)        Personnel employed or appointed by a municipality andperforming services for or on behalf of a joint municipal assistance agencyshall have the same authority, rights, privileges and immunities (includingcoverage under the workers' compensation laws) which the officers, agents andemployees of the appointing municipality enjoy within the territory of thatmunicipality, whether within or without the territory of the appointing municipality,when they are acting within the scope of their authority or in the course oftheir employment.

(f)         Personnel employed or appointed by a joint municipalassistance agency shall be qualified for participation in the North CarolinaLocal Government Employees' Retirement System with the same rights, privileges,obligations and responsibilities as they would have if they were employees of amunicipality.

(g)        The offices of commissioner, alternate commissioner,officer, director and member of the executive committee of a joint municipalassistance agency are hereby declared to be offices which may be held by theholder of any office, place of trust or profit in addition to and concurrentlywith those offices permitted by G.S. 128‑1.1 and other offices permittedby other General Statute. (1983, c. 609, s. 7; 1991, c. 636, s. 3; 1995, c. 412, s. 26.)