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HomeMy WebLinkAboutP-0470 - Legal Defense of County Employees and Officers 09-28-1981-15R C7 POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: September 28, 1981 NUMBER: A:0470 EFFECTIVE DATE: September 28, 1981 REVISIONS: POLICY• LEGAL DEFENSE OF COUNTY EMPLOYEES AND OFFICERS The County will provide for the defense of employees and officers in any civil or criminal action or proceeding brought against the individual either in his or her official or individual capacity on account of any acts done or omissions made or any act allegedly done or omission allegedly made in the scope and course of employment or duty as an employee or officer of the County. The County will also make payment of any claim or civil judgment not involving actual fraud, corruption or actual malice on the part of the employee against whom the claim is made, to the dollar limits of insurance coverage and for the risks covered by policies of insurance in effect. This policy shall also include the payment by the County of any deductible existing on any such policy of insurance when such retainage is applied by the insurance carrier to the payment of any claim made or civil judgment entered against any employee. • l.a 2. 3• 4• 5• s is. 19x1 b. ? • 7be Orange dotaity Board of Ooiaioissirnere met in regular eeeeian 8 • Ctl Monday. S"~°°~'°*' 28, 1981, at 7:30 P.H, tat the Q~ilmiesi,oners' lbaa, 9. ~~ county ~, FLi» ahnrT.nt,, NoZth Carolina. 10. Comaissi~i>ezs Fu.eseilt: Odmtiss9+oner Anne Harness Qsair, and Q=n- 11 • mi sx+ei rmra DTDm1di1 Ct18taVesCQ1, NDnmii Wa11C2Y, Ric11aId Fhitt:Bd, and Dori 12• iPillhoit. ~ 3 • AyenBa It~ll 1: Iio:asd modification of the acierlda _ 11}• pp~gci,tnor games asked that tt1eE,~3Clit1V@ sat6ldil follalV the Stlerlff's 15• report Gild added Iand lieo~xds' gta[1ti~mnin:xirwwr willh~lt added an ].tall fma the Health BOii'i1d. lb. item 2: Audience Crna~ilts lT. 7Ylere were no members of the m,~i~+~•n WELD desired t0 address the 18. B~. C7amlissioner Hardee welaaioed those manbers of the Orange Oounty 19. Hoaxde of Adjustment and Planning mho woate p¢escnt far Mr. Cledhill's 20 ° diseussi,on an the ~9ciai Use Pp,~its. 21. p, Iteq 3: Minutes 22. Oamlissioner c~,iatavr=soil moved, seealded by ~issioner aissitted, 23• the appzoval of the Minutes of August 3, 1981, as corrected. Vbbe: Ayes. ~4• S: nces, 0. 2s• Cam~i.sgianer Tali-.fitted moved, seaalded by C7~mli,ssi+oner Gnstaveeolt. the 26. approval of the Minutes of August 18. 1981, as suFallitta@. Vbte: Ayes. 5; 27° Ines, 0. 28. Camlissidoer IRlitted moped, sseCnded by Owmi.seioal~r Battles, the Z9• appzo~rai of the Mixxitse ~ September 2. 1981, as sl8mitted. Vote: Ayes, ~• 5~ noes, 0. 31. ooami.ssirner t~tlitted mooed, secoiu7ed by pomni.ssaoner c~istavasan, the 32• approval of the Minutes of the 10:00 A.M. meecinq of sept~ber 8, 1481, 33• as al~initted. Vote: Ayes. 5; noes, 0. ~• Crnmissiuyer Baaies moved, seconded by 0ommissinner i~itbed, the 35• approval of the Minutes of 9eptamber 15, ]981, as sutmitted. vote: ~, 36• 5; noes, o. 37. Armada itcm 4: Infonmtien ail b~ecial tie Pealit Bear~u' s , 38 • Mr. Gledhill, the Oouity Atton'ley, Pxplained _ pzooedute• .far holding 39. - - - 40. _... 1:.---_ _...... .. _ - - ~ - - -- 2.r 3• ~~ to be kept inEonmd o£ activity with x+egard tao this bill. vote: Ayes. 5' 4: noes, 0. 6. ~ 9aard also sexed that the letter be copied to cur Isgislative ?~ c]elegatipn atri t» Icon Aycock. with a note x+egasdirrg F>8 1376. (fzayding fay 8 • S2[LirOS CitlzPll.S' CElit2I3) . 9• It~n 13:F,i~nae Officer Rsl~orts on SCatus Z0. ai ao and cam, t~udgets 11. ~ Firiar-taa Officer said fine Caalty had just s+eoeived a $1,000.000 12. Grant fnr t3:e Outaity's 51n~11 Cities PxOgram and had received notificat3,a: 13. of $187.063 i:or CLRA TI-B fuffiisg. She said thG Projeck IV-B atapeax+ed 1!{.. bD be Eoxthc®ing. '1i7e Finance Offieer,xiaquesGed 1lonxd ~icn 1» 1y~ incur in these p~ogzaaa in anticipation of the dyedcs fqo< the 16. above fnade being received. 17. Ornmfasiasier 1R~ittied moves, seoauded by ~sei~aner aaaYavesan, to 1$. accept the moni~8 affi bo authorize the Staff to incur expenses and 19. to authorize t2z3 clLaafr to euecutive suds doh associated with 20. t2w_se partiailar grants as necessary. vote: Ayes. 4; no®s, 0. 21. 22. z3. 21G. 25. 2b. z7. 2~. 29. 30. 3l. 32• 33. 3it- 3"~ 3~ 3 3 3 4 --~__~ Agerx3a Ite[t 14: tEfA Pto~ecTt lkdinaioe _ ... Y Ooma3.ssirner i~3-itted marod; seconded by Oomuissfa7er tPlllhoit, bo approve the CE7I1 Project L~dinarx~ as submitted tyy tbQ Finance Officer {see page of this hoolcl. Vbt~: Ayes. 4; noes, 0. Agenda Item 1S: Authorisation for DeYense of Bm leers and A ro riation o ands ~Ju ments/Clairns net Emaloyee or O leer The County Attorney brougfit to the Board's attention the fact that lawsuits arise from time to time against County employees ~ officers in the performance of their duties. He recommended Board action to ratify earlier action by the Board authorizi:5g the County to_ peovide far the (,2..~~ Cz~i-~ ... _ - - - . r -- 1.: 6 2. 3. 4• 5• 6. 7. 8~'defense of .employees and officers in civII or criminal actions or proceedings q. brought against employees and officers an account of acts done a omissions 10. made in the scope and course of employment or duty as art employee or 11. officer of the County. He also reoommcnded Board action to ratify its 12, previous authorization to pavy claims and judgments entered against County 13. employees in certain situations. lii.. Commissioner pihitted moved that the Board ratify and confirm its 15. authorization to the County to provide for the defense of employees and 16. officers in any dtnl or criminal action or proeeedir~ brought against the 17. employee either in his or her official ar individual capacity an account of 18. any acts done or omissions made a any act allegedly done or omission 19. allegedly made in the scope and course of employment or duty as an 20. employee . or officer of the County. Commissioner tNhitted further moved 21. that the Board ratify its authorizatim of the payment by the County of any 22. claim or Civil judgment not involving actual fraud, corruption ar actual 23. malice azr the part of the employee against whom the claim is made, to the 24. dollar limits of insurance coverage and far the risks covered by pavveies of 25. insurance in effect from time-to-time. This authorization shell also include 26. the payment by the County of any "retainage" (dedtmtaWe) existing on aqy 27. 28. such policy of insurance when such retainage is applied by the insurance carrier to the payment of any Claim made ar civrl judgment entered. against 29. any employee. 3Q. Commissioner Gustavesw~ seconded the motion- 31. Voter Ayes, 4; Noes, 0. 32. The Clerk was thereupon directed to make this aotion of the Board 33. available for public inspection. 34• 35. 36. 37. 38. 39. 40. __ ~ • ^ ~~ • To: Department Heads From: Beverly Blythe ~~~ Date: July 20, 2000 Re: Policy ~~~ ~~I/ - ~7-d i -~ We are in the process of updating our policy manual and need your help. Enclosed you will find policy/policies that were generated by your department. We need to know which ones are still enforced and which ones are no longer valid. Please go through these policies, write on them if they are still in effect and which ones can be deleted, return to Evelyn Cecil no later than August 15, 2000 Your help will be greatly appreciated ~ a ~ ~--_ ,, ~~ a~.a,n~~~ CQU~~TY F