III. P. Defense and Indemnification
In accordance with O.C.G.A. § 45-9-1 and O.C.G.A. § 45-9-4, any department or Technical College employee, including any member of the State Board or a local board, who is exposed to personal liability for damages arising out of the performance of their duties or in any way connected therewith shall be indemnified against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement.In order to qualify for defense and indemnification, the board member, officer or employee shall promptly advise the Commissioner in writing upon being served with any summons, complaint, process, notice, demand or pleading. Such notice shall include the date the employee was served and the method of such service. If employee or former employee fails to cooperate completely with the defense of any such matter, then the employee or former employee shall forfeit any right to indemnification.
When approved by the Attorney General, the Department shall provide for the reimbursement to an officer, official or employee for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising out of the performance of his or her official duties.When approved by the Attorney General, the Department shall provide for the reimbursement to an officer, official or employee who is required to maintain a professional license for reasonable legal fees and other expenses incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission.
The Board reserves the right to provide legal counsel for the benefit of any officer, official or employee, current or former, and to negotiate, settle or otherwise manage the defense of any action, suit, or proceeding on the employee's behalf.
The Board authorizes the commissioner of administrative services to provide for the liability insurance coverage or contracts of indemnification for the Department and Technical College officers, officials and employees as provided by O.C.G.A. § 45-9-4(a).
References
Created: July 23, 2001
Approved