Title 45, Chapter 9, Section 21
( 45-9-21)
(a) In lieu of obtaining the insurance or indemnity referred to in Code Section 45-9-20 or in addition thereto, such municipalities, counties, and other public bodies may, in their discretion, as a part of the compensation and terms of employment of members of the governing bodies of such municipalities, counties, and other public bodies, and of supervisors, administrators, employees, or other elected or appointed officers, adopt policies whereby the municipality, county, and other public body will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county, or other public body, or against supervisors, administrators, employees, or other elected or appointed municipal or county officers, arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights. (b) The governing authority of a municipality, county, or other
public body shall not be authorized to furnish a defense to any
person charged with a criminal offense involving theft,
embezzlement, or other like crime with respect to the property or
money of or in which said governmental entity has an interest. (c) Notwithstanding the provisions of subsection (b) of this Code
section, the governing authority of a municipality, county, or other
public body shall be authorized to reimburse any person charged with
a criminal offense involving theft, embezzlement, or other like
crime with respect to the property or money of or in which said
governmental entity has an interest for all or a part of the cost of
the defense of such person if such person is found not guilty of
such crime or if the charges against such person are dismissed or
nolle prossed. (d) A municipality, county, or other public body may expend state,
federal, and local funds to effectuate the provisions of this Code
section, including, but not limited to, attorney's fees, court
costs, deposition costs, witness fees and compensation, and all
other like costs, expenses, and fees. (e)(1) As used in this subsection, the term "county officer" means
the sheriff, the judge of the probate court, the clerk of the
superior court, and the tax commissioner or tax collector and tax
receiver of a county. (2) In any civil case in which the county attorney has a conflict
of interest which would ethically prevent the county attorney from
representing both the county, the governing authority of the
county, or another county officer or employee and the county
officer, upon a determination by the chief judge of the superior
court of the circuit in which the county is located that an
ethical conflict exists, the county officer shall be authorized to
employ individual legal counsel to represent such county officer
in such matter. The governing authority of the county shall pay
the reasonable fees of such individual counsel and all applicable
court costs, deposition costs, witness fees and compensation, and
all other like reasonable costs, expenses, and fees; provided,
however, that such attorneys' fees shall be no more than the rate
paid to the county attorney for similar representation or in
accordance with a schedule of rates for outside counsel adopted by
the governing authority, if any. Such fees and costs shall be
authorized by the chief judge of the superior court of the circuit
in which the county is located. This subsection shall not apply
unless the governing authority of the county has first denied a
written request by a county officer for counsel. |