Title 37, Chapter 2, Section 11.1
( 37-2-11.1)
(a) Venue for the purpose of any action against a regional board or
community service board shall be the county in which the principal
office of such regional board or community program board is located.
For purposes of this Code section, "principal office" shall be
defined as the facility which houses the executive director or other
such top administrator for the regional or community service board. (b) In any legal proceeding, a regional board and the regional unit
shall be considered a unit of the division and shall be afforded the
assistance of legal counsel from the Attorney General. (c)(1) The community service boards shall be public bodies, but
shall not be considered agencies of the state, or any specific
county or municipality. Such community service boards are public
agencies in their own right and shall have the same immunity as
provided for counties. No county shall be liable for any action,
error, or omission of a community service board. Notwithstanding
any provisions of law to the contrary, and regardless of any
provisions of law which grant employees of the community service
boards benefits under programs operated by the state or which deem
them to be state employees only for purposes of those benefits,
employees of the community service boards shall not be employees
of the state but shall be employees of the community service
boards and, further, the state shall not be liable for any action,
error, or omission of such employees. (2) A community service board may employ or contract for legal
counsel to assist in performing its duties and shall be authorized
to appoint legal counsel to represent the community service board
and its employees. The community service board may exercise any
authority granted in Article 2 of Chapter 9 of Title 45, relating
to the indemnification, defense, and insuring of members and
employees of public bodies. |