Liability Avoidance for Extension Employees
This document provides a comprehensive overview of liability management for extension employees, focusing on risk management principles, sources of liability, and specific extension-related issues. It outlines the risk management model, including identification, evaluation, and treatment of risks. Key legal considerations, such as statutory and tort liability, are discussed along with implications for personal and organizational liability. Practical steps for handling accidents, subpoenas, and public records are provided, along with resources for further assistance on compliance and risk management within the North Carolina State University framework.
Liability Avoidance for Extension Employees
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Presentation Transcript
Liability Avoidance for Extension Employees Theodore A. (Ted) Feitshans, J.D. Department of Agricultural & Resource Economics N.C. State University (919) 515-5195 ted_feitshans@ncsu.edu
Introduction • Risk management • Sources of liability • Personal • Organizational • Extension issues
Risk Management • The risk management model • Risk Identification • Risk Evaluation • Risk Treatment • Selection and Implementation • Program Monitoring
Sources of Individual & Organizational Liability • Statutory/Regulatory • Tort • Intellectual property/Proprietary rights • Contractual
Consequences of Individual & Organizational Liability • Financial • Judgments • Defense costs • Legal fees & costs • Employee time • Loss of flexibility • Reputational
Extension Issues • State Tort Claims Act, N.C.G.S. §143-291 • Defense Of State Employees Act, N.C.G.S. §143-300.3 • case based on acts or omissions committed in the scope and course of employment • conduct does not involve fraud, corruption, or malice • the Attorney General determines that defending does not create a conflict of interest with the State • the Attorney General does not determine that defending you is not in the best interest of the State.
Extension Issues • Payment of judgments • $1 million from University unit • $ 5 million state excess liability policy • Personal insurance or assets • State Motor Vehicle Insurance • Up to $500,000
Extension Issues • Steps to take in the event of an accident • Ensure the safety of all involved • Do not talk about it • Make notes; preserve documents and evidence (NEVER destroy evidence) • Notify your supervisor and the NC State University Office of Insurance and Risk Management • Notify Office of Legal Affairs if lawsuit likely or attorney involved • Notify personal insurers
Extension Issues • Subpoenas • Notify supervisor and the Office of Legal Affairs • Forms: http://www.ncsu.edu/legal/legal_topics/subpoenas.php
Extension Issues • Public records • http://www.ah.dcr.state.nc.us/records/ • Open meetings law • Certain records exempt • Trade secrets • Student records http://www.ncsu.edu/legal/legal_topics/public_records.php
Extension Issues • Mandatory reporting • Certain animal waste violations • Child abuse or neglect to the Director of Social Services
Extension Issues • Private business information • Lists of names and addresses • Misuse of state property • Conflict of interest • Political activity • Outside employment/consulting • Contracting authority http://www.ncsu.edu/legal/legal_topics/contracts_purch/ • Export controls
Resources • Office of Legal Affairs http://www.ncsu.edu/legal/legal_topics/index.php • Office of Insurance and Risk Management http://www2.acs.ncsu.edu/insurance/ • Conflicts/consulting http://www.ncsu.edu/sparcs/coi/ • Sponsored Programs and Regulatory Compliance http://www.ncsu.edu/sparcs/
