BOARD ADMINISTRATIVE
RULE
Return to "E" Rules: Title
|
Return to "E" Rules: Index
|
|
| Indemnification and Protection for District Personnel | EIB | 12/8/05 |
|
The Cobb County Board of Education (Board) and the Cobb County School District (District) seek to provide appropriate indemnification and protection for Board members and District administrators, employees, teachers and volunteers. RULE: The Cobb County School District is a political subdivision of the State of Georgia and, as such, is afforded sovereign immunity by Act. I, Sec. II, Para. IX of the State Constitution. The District, being the arm of the County government concerned with public educational affairs, will rely on and will invoke sovereign immunity on its behalf and on behalf of Board of Education members and District employees, administrators, teachers and those individuals who are volunteering their labor and services to the District against all suits in law or equity brought against Board members and/or District employees, administrators, teachers and volunteers. The District will indemnify and hold harmless the aforegoing against all alleged causes of action arising out of the good faith performance of duties while the aforegoing are acting within the scope of their employment and within the scope of their duties. The District will defend any and all suits at law or equity against Board members, and/or District employees, administrators, teachers and volunteers whether sounding in tort or contract, and whether originating in Federal or State constitutional or statutory law. In conjunction with the aforegoing, the District will expend funds for court costs, attorneys' fees, witness fees and investigative fees in defending said suits and will pay, to the extent allowed by law, all judgments that it or Board members, teachers, administrators, employees and volunteers are determined to be legally obligated to pay because of their acts or omissions arising out of the good faith performance of duties or employment. The obligation of the District in regard to the foregoing will not apply (a) to any party against whom the Board or Administration has brought legal or administrative action or (b) to any legal action which the Board member, employee, administrator, teacher or volunteer institutes in a court of law seeking monetary compensation on his or her own behalf. In regard to criminal prosecutions brought against Board members and/or District employees, administrators, teachers and volunteers alleging violation of State or Federal criminal statutes because of acts committed in the scope of duty or employment, the District will provide competent counsel skilled in criminal law or will compensate counsel selected by the Board member or District employee, teacher, administrator or volunteer, and approved by the Board, at a rate agreed upon between counsel and the District. Allegations against District employees without basis or in situations where it can be determined by an investigation by Human Resources that no grounds for complaint exist will be defended by the Board attorney if recommended by administration and approved by the Board of Education. Legal defense will not be provided for complaints filed by the District as required by State law or regulation. The provisions of this Administrative Rule are limited by and subject to any provisions included in any plans of self-insurance that the Board has adopted or may adopt. Should any portion of this policy be declared illegal or unconstitutional, the remainder will continue in effect, it being the intent that each provision hereof is enacted separately and independently of other provisions and will not be affected by a court determination that a part is unconstitutional or illegal. Adopted: 10/27/77 |