O.C.G.A. § 45-9-22 (2019)
Payment of claims or judgment against members of municipal, county, or other public body
(a) Any municipality, county, or other public body may, in its discretion, adopt a policy establishing the terms and conditions under which it may pay part or all of any claim or civil judgment rendered against any person whose defense such municipality, county, or other public body is authorized to undertake under Code Section 45-9-21. Any such disbursement shall be deemed to be for public purposes and may be paid from state, federal, or local funds. No attempt shall be made at the trial of any action brought against a person covered under this Code section to suggest the fact that the municipality, county, or public body will be responsible for any judgment therein. (b) The failure to adopt a policy as provided in this Code section prior to making any payments authorized by this Code section shall not invalidate any such payments if the governing authority of the municipality, county, or public body shall, within a reasonable time after the fact of such failure has been brought to its attention, adopt a policy as provided in this Code section.
History
(Ga. L. 1978, p. 1380, § 1.)
Annotations
JUDICIAL DECISIONS Legislative intent. - It is the intent of the Code sections comprising Article 2, O.C.G.A. § 45-9-20 et seq., 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).
PUBLIC OFFICERS & EMPLOYEES
RESEARCH REFERENCES ALR. - Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 155 ALR 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 ALR 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 ALR3d 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 ALR3d 90. Payment of attorney’s services in defending action brought against officials individually as within power or obligation of public body, 47 ALR5th 535.