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89

B - General Employment Policies

City of Greensboro Personnel Policy Manuał

Table of Contents A B C D E

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F H I J K L TableofContents G

A. The City may provide for the retention of a legal defense for an employee if their actions

were taken in the scope of their employment and their actions could be considered as

reasonably necessary or incident to the performance of their work. This also includes actions by

an employee that is of a personal nature and not conflicting with specific instructions.

B. Some factors (but not limited) that would be considered whether a City employee was acting

within the course of their employment at the time of the alleged misdemeanor occurred:

1. Did the actions giving rise to the criminal charge occur while the employee was acting

within the course and scope of their employment and carrying out their official duties?

2. Was the employee acting in good faith in performing those duties?

3. Is the charge against the City employee frivolous?

6.0 PROCEDURES

In situations where a citizen obtains a warrant against a City employee, and the employee requests

their supervisor to arrange for their criminal defense, the following steps will be followed:

6.1 The supervisor will inform the City Manager of the request and obtain a copy of the criminal

warrant and gather all evidence possible to provide to the City Manager for their review.

6.2 The City Manager may conduct an investigation of the related facts and consult with the

employee’s Department Director, City Legal Department, and any other individuals that may

provide relevant information.

6.3 If it appears the employee was acting with the course and scope of their employment, the City

Manager may approve the retention of a criminal defense attorney to provide for the employee’s

defense.

6.4 If it appears the employee was acting outside the course and scope of their employment, the

City Manager may, at their discretion, deny the employee’s request.

6.5 If the City provides a criminal defense for the employee and the case is lost in District Court, it

may be appealed to Superior Court for a jury trial. If the jury trial or bench trial is lost, the City will

not seek reimbursement of advanced legal fees from the employee. However, in no case will the

City pay costs of Court, any restitution, fines, or penalties.

7.0 HUMAN RESOURCES CONTACT

Human Resources Director

8.0 Appendix and Appendices

Position Types (page 414)