1. 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

2. Introduction Risk management Sources of liability –Personal –Organizational Extension issues

3. Risk Management The risk management model –Risk Identification –Risk Evaluation –Risk Treatment –Selection and Implementation –Program Monitoring

4. Sources of Individual & Organizational Liability Statutory/Regulatory Tort Intellectual property/Proprietary rights Contractual

5. Consequences of Individual & Organizational Liability Financial –Judgments –Defense costs Legal fees & costs Employee time Loss of flexibility Reputational

6. 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.

7. 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

8. 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

9. Extension Issues Subpoenas –Notify supervisor and the Office of Legal Affairs Forms: http://www.ncsu.edu/legal/legal_topics/subpoenas.php

10. 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/publ ic_records.php

11. Extension Issues Mandatory reporting –Certain animal waste violations –Child abuse or neglect to the Director of Social Services

12. 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

13. 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/