§ 159B-47. Defense.
§ 159B‑47. Defense.
(a) The board of commissioners of a joint municipal assistanceagency may provide for the defense of a criminal or civil proceeding broughtagainst any current or former commissioner, member of an executive committee,director, officer, agent or employee either in his official or individualcapacity, or both, on account of any act done or omission made in the scope andcourse of his employment or duty as a commissioner, member of an executivecommittee, director, officer, agent or employee of the joint municipalassistance agency. The defense may be provided by the agency by its owncounsel, by employing other counsel or by purchasing insurance which requiresthat the insurer provide the defense.
(b) The board of commissioners may appropriate funds for thepurpose of paying all or part of a claim made or any civil judgment enteredagainst any of its current or former commissioners, members of executivecommittees, directors, officers, agents or employees, when such claim is madeor such judgment is rendered as damages on account of any act done or omissionmade or any act allegedly done or omission allegedly made in the scope andcourse of his current or former employment or duty as a commissioner, member ofan executive committee, director, officer, agent or employee; provided,however, that nothing in this section shall authorize any joint municipalassistance agency to appropriate funds for the purpose of paying any claim madeor civil judgment entered against any current or former commissioners, membersof executive committees, directors, officers, agents or employees if the boardof commissioners finds that commissioner, member of an executive committee,director, officer, agent or employee acted or failed to act because of actualfraud, corruption or actual malice on his part. Any joint municipal assistanceagency may purchase insurance coverage for payment of claims or judgmentspursuant to this section. (1985, c. 225, s. 2; 1995, c. 412, s. 27.)