(Ga. L. 1974, p. 702, § 3; Ga. L. 1991, p. 1821, § 1; Ga. L. 1995, p. 1063, § 1.)
Law reviews.- For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article on insurance and indemnity for Georgia local government officers under Georgia law, see 13 Ga. L. Rev. 747 (1979). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).
JUDICIAL DECISIONS
O.C.G.A.
§ 45-9-21 constitutional. - O.C.G.A. § 45-9-21 on its face is not unconstitutional as being violative of the due process clause of either the federal Constitution or the Georgia Constitution. Horn v. City of Atlanta, 236 Ga. 247, 223 S.E.2d 647 (1976).
Legislative intent.
- It is the intent of O.C.G.A. §§ 45-9-20 through45-9-23, with certain exceptions, to authorize a county, municipality, or other public body to purchase insurance or adopt policies to indemnify governmental employees or officers against personal liability for damages arising out of the performance of their duties, and to defend actions in which such damages are sought, in those instances in which a defense of sovereign or official immunity is unavailable. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).
City not required to defend employees.
- O.C.G.A. § 45-9-21 does not "require" the city to defend any civil action against its employees, but merely permits it to do so, pursuant to an adopted policy, as a part of the compensation paid by the employer to the employee. Horn v. City of Atlanta, 236 Ga. 247, 223 S.E.2d 647 (1976).
Municipal court judges are not county officers.
- Municipal court judges are not "county officers" entitled to have the county pay attorney fees pursuant to O.C.G.A. § 45-9-21(e)(2). Ward v. City of Cairo, 276 Ga. 391, 583 S.E.2d 821 (2003).
Discretion in selecting what actions to defend.
- The phrase "in their discretion" indicates a legislative intent to give counties considerable latitude in determining what actions will be defended. A resolution of county commissioners to pay attorney fees in the defense of two "specified" cases against a sheriff is within the authority given under O.C.G.A. § 45-9-21. Haywood v. Hughes, 238 Ga. 668, 235 S.E.2d 2 (1977).
When a local ordinance provided defense and indemnification to county employees who were the subject of lawsuits, but such coverage could be terminated by the county attorney, there was no abuse of discretion found by the county attorney's termination of an employee's coverage since the employee gave inaccurate or false responses to interrogatories and deposition questions regarding a prior position that the employee held; pursuant to O.C.G.A. § 45-9-21(a), the county attorney's decision was based on a reasoned, articulated basis, the omission by the employee was deemed material, and it was determined that the information was deliberately withheld. Baker v. Gwinnett County, 267 Ga. App. 839, 600 S.E.2d 819 (2004).
Employment of counsel.
- A county governing authority has the implicit power to employ counsel for county officers. Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).
County governing authority's employment of counsel to represent a superior court clerk did not violate Ga. Const. 1983, Art. IX, Sec. II, Paras. I(c)(1) or (7), which preclude the authority from exercising any power in a manner affecting "any elective county office" or "any court or the personnel thereof." Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).
County's duty to pay attorney fees.
- When an official, acting in official capacity, is required to hire outside counsel to assert a legal position the local government attorney cannot (because of a conflict in representing the local government) or will not assert, and the official is successful in asserting his or her position, the local government must pay the official's attorney fees. Haralson County v. Kimball, 243 Ga. App. 559, 533 S.E.2d 762 (2000).
Statutory law authorized local governments and other "public bodies" to adopt employment policies whereby the local government agreed to provide representation to the local government's employees if a conflict of interest existed and the matter did not involve property or money in which the governmental unit had an interest; since the sheriff was a local governmental unit employee who the trial court properly certified had a conflict of interest over the county commission's adoption of a budget that harmed the sheriff's department and that matter did not involve the government's property or money, the trial court properly ruled that the sheriff had a right to have counsel appointed for the sheriff, and have the sheriff's attorney's fees and expenses paid, on the sheriff's challenge to that budget. Bd. of Comm'rs v. Saba, 278 Ga. 176, 598 S.E.2d 437 (2004).
Cited in Wayne County Bd. of Comm'rs v. Warren, 236 Ga. 150, 223 S.E.2d 133 (1976); Nash v. Pierce, 238 Ga. App. 466, 519 S.E.2d 462 (1999); City of Stockbridge v. Stuart, 329 Ga. App. 323, 765 S.E.2d 16 (2014).
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 187.
C.J.S.- 64A C.J.S., Municipal Corporations, § 2023.
ALR.
- Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 155 A.L.R. 436.
Constitutionality of statute appropriating money to reimburse public officer or employee for money paid or liability incurred by him in consequence of breach of duty, 155 A.L.R. 1438.
Personal liability of policeman, sheriff, or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 A.L.R.3d 700.
Validity and construction of statute authorizing or requiring governmental unit to indemnify public officer or employee for liability arising out of performance of public duties, 71 A.L.R.3d 90.
Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.