VILLAGE OF MARVIN 10004 New Town Road Marvin, NCI 281731 1Tel.704)843-1680 Fax:( (704)843-1660 www.marvinne.org VILLAGE COUNCIL MEETING MINUTES Tuesday, April 20,2021-llam North Carolina General Assembly 16 W. Jones St, Raleigh, NC: 27601 MEETING AGENDA On' Tuesday, April 20, 2021 from approximately llam-3pm at thel North Carolina General Assembly (16 W. Jones St, Raleigh, NC 27601), members of the Marvin Village Council willi meet with state legislators to discuss and advocate for aj piece of legislation drafted by the Village and supported by our local representatives. Present: Mayor Pollino, Councilman Lein, Councilman Marcolese Absent: Mayor Pro Tem Vandenberg, Councilman Wortman Staff] Present: Christina Amos, Austin W. Yow AGENDA ITEMS Legislators Present: Senator Todd. Johnson, Representative David Willis, Speaker Pro Tem Representative Sarah Stevens The meeting began at approximately 11:15am in Senator Todd. Johnson's office, at which point the group discussed the proposed legal defense legislation, as well as the planned roundabout atl New Town Road and Marvin Road. (See attached legislation, which isi included asa At 12:15pm, Council and Staff then proceeded to the gallery oft the House of Representatives and stayed until lpm. reference int these minutes). From there, Council and Staff met with Representative David Willis who provided the group with at tour of the legislative buildings and then met with Speaker Pro" Tem Representative Sarah Stevens. During thei meeting, the group discussed thej proposed legal defense legislation and the benefits andi implications ofsuch legislation. Prior litigation ofboth Councilman Lein and Speaker Pro" Tem Stevens was discussed. The meeting concluded with Council and Staff meeting with Representative Willis in the cafeteria, at which point the group discussed the November elections relating to the delayed Census data, as well as additional funding from the General Assembly for the planned roundabout atl New Town Road and) Marvin Road. No action was taken during this meeting. ADJOURNMENT Thei meeting adjourned at approximately 3:30pm. 6-8-21 Adopted: OF Ma BE SEAL N.C. wk Austin W. Yow Village Clerk & Assistant to the Manager A Page1l1 GENERALABSEMILY OF NORTH CAROLINA SESSION2021 HOUSE. BILL. Short Title: DEFENSE OF PERSONS SEEKING ELECTED OFFICE Sponsors: Referred to: A BILL TO: BEI ENTITLED AN ACTTO EXTEND N.C.G.S.A. $ 160A-167-1 DEFENSE OF EMPLOYEES AND OFFICERS; PAYMENT OF. JUDGMENTS TO: PERSONS SEEKING ELECTED OFFICE. The General Assembly ofNorth Carolina enacts: SECTION 1. (a) G.S. 160A-167(a) reads as rewritten: Upon request made by or in behalf of any member or former member or any person seeking elected office oft the governing body of any authority, or any city, county, or authority employee or officer, orf former employee or officer, any soil and water conservation supervisor or any local soil and water conservation employee, whether the employee is a district or county employee, or any member ofa volunteer fire department or rescue squad which receives public funds, any city, authority, county, soil and water conservation district, or county alcoholic beverage control board may provide for the defense ofany civil or criminal action or proceeding brought against him either in his official or inl his individual capacity, or both, on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of his employment or duty as an employee or officer or within the scope of such campaign of the city, authority, county or county alcoholic beverage control board. The defense may be provided by the city, authority, county or county alcoholic beverage control board by its own counsel, or by employing other counsel, or by purchasing insurance which requires that the insurer provide the defense. Providing for a defense pursuant to this section is hereby declared to be for aj public purpose, and the expenditure of funds therefor is hereby declared to be a necessary expense. Nothing in this section shall be deemed to require any city, authority, county or county alcoholic beverage control board to provide for the defense of any action Any city council or board of county commissioners may appropriate funds for the purpose of paying all or part of a claim made or any civil judgment entered against any of its members or former members or any persons seeking elected office of the governing body of any authority, or any city, county, or authority employees or officers, or former employees or officers, or any soil and water conservation: supervisor or any local soil and water conservation employee, whether the employee isa district or county employee, when such claim is made or such judgment is rendered as damages on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course ofl his employment or duty as a member or former member or persons seeking elected office of the governing body of any authority, or any city, county, district, or authority employee or officer oft the city, authority, district, or county; provided, however, that nothing in this section shall authorize any city, authority, district, or county to appropriate funds for the purpose of paying any claim made or civil judgment entered against any of its members or former members or or proceeding ofany nature. SECTION 1. (b) G.S. 160A-167(b): reads as rewritten: 00142068.1 persons seeking elected office oft the governing body of any authority, or any city, county, district, or authority employees or officers or former employees or officers ift the city council or board of county commissioners finds that such members or former members or persons seeking elected office of the governing body of any authority, or any city, county, or authority employee or officer acted or failed to act because of actual fraud, corruption or actual malice on his part. Any city, authority, or county may purchase insurance coverage for payment of claims or judgments pursuant to this section. Nothing in this section shall be deemed to require any city, authority, or county to pay any claim or judgment referred to herein, and the purchase ofi insurance coverage for payment of any such claim or judgment shall not be deemed an assumption of any liability not covered by such insurance contract, and shall not be deemed an assumption of liability for payment ofa any claim orj judgment in excess of Subsection (b) shall not authorize any city, authority, or county to pay all or part ofa a claim made or civil, judgment entered unless (1) notice of the claim or litigation is given to the city council, authority governing board, or board of county commissioners as the case may bej prior to the time that the claim iss settled or civil judgment is entered, and (2) the city council, authority governing board, or board of county commissioners as the case may be shall have adopted, and made available for public inspection, uniform standards under which claims made or civil judgments entered against members or former members or persons seeking elected office oft the governing body of any authority, or any city, county, or authority employees or officers, or former employees or officers, shall bej paid. For the purposes of this section, "persons seeking elected office" means a person actively campaigning for elective office of the governing body of any authority, city, county or district that For thej purposes of this section, persons seeking elected office may seek reimbursement for costs and expenses paid prior to the effective date of the amendment allowing payment for such defense costs allowed under subsection (a). and any claim made or civil judgment entered allowed under subsection the limits of coverage in such insurance contract. SECTION: 1. (c) G.S. 160A-167(c) reads as rewritten: SECTION 1. () G.S. 160A-167(e) is added as follows: was properly registered with the governing board of elections. SECTION1. (€)G.S. 160A-167(f) is added as follows: (b) for a period up to four (4); years prior to the effective date oft the amendment. SECTION 1. () G.S. 160A-209(c)(10a) reads asi rewritten: Defense of Employees and Officers.--To provide for the defense of, and payment of civil judgments against, employees and officers or former employees and officers, or any person SECTION 2. The remaining provisions ofN.C.G.S.A. $ 160A-167 are reenacted and shall remain in full seeking elected office, as authorized by this Chapter. force and effect and are incorporated in this act by reference. SECTION: 3. This act is effective when it becomes law. 00142068.1