The Wilkes County Board of Education may provide for the defense of any civil or criminal action or proceeding brought against an employee in his or her official or individual capacity, or both, on account of an act done or an omission so long as the following conditions are met:
1. The act or omission occurred in the scope and course of employment;
2. Defense of the action would not create a conflict of interest between the Board of Education and the employee; and
3. The employee did not act or fail to act because of fraud, corruption or malice on his or her part.
In order for the Board of Education to provide for the defense pursuant to this policy, the employee must provide a written request to the superintendent as soon as possible upon learning of the claim or action.
The superintendent, with advice from the Board of Education attorney, will make a recommendation to the Board of Education as to whether the Board of Education will provide legal representation for the employee. Board of Education approval of an employee's request to provide legal representation will only relate to the initial trial or proceeding. The employee must make an additional request in writing to the Board of Education for legal representation at each subsequent stage of the appeal of the action or proceeding.
If an employee’s request for legal representation in any civil or criminal action or proceeding is denied and subsequently the employee is found not liable or guilty, the Board of Education may reimburse the employee a reasonable attorney’s fee upon written request of the employee.
To protect its own financial resources, the Board of Education will provide for sufficient liability coverage for personnel, workers’ compensation coverage and unemployment compensation insurance.
This policy shall not be deemed to be a waiver of governmental immunity.
Legal References: G.S. 115C-43
Cross References:
Adopted: January 9, 2006