Haywood v

Hughes, 238 Ga. 668, 235 S.E.2d 2 (1977). When a local ordinance provided defense and indemnification to county employees who were the subject of lawsuits, but such coverage could be terminated by the county attorney, there was no abuse of discretion found by the county attorney’s termination of an employee’s coverage since the employee gave inaccurate or false responses to interrogatories and deposition questions regarding a prior position that the employee held; pursuant to O.C.G.A. § 45-9-21(a), the county attorney’s decision was based on a reasoned, articulated basis, the omission by the em- 45-9-21 ployee was deemed material, and it was determined that the information was deliberately withheld. Baker v. Gwinnett County, 267 Ga. App. 839, 600 S.E.2d 819 (2004). Employment of counsel. — A county governing authority has the implicit power to employ counsel for county officers. Stephenson v. Board of Comm’rs, 261 Ga. 399, 405 S.E.2d 488 (1991). County governing authority’s employment of counsel to represent a superior court clerk did not violate Ga. Const. 1983, Art. IX, Sec. II, Paras. I(c)(1) or (7), which preclude the authority from exercising any power in a manner affecting ‘‘any elective county office’’ or ‘‘any court or the personnel thereof.’’ Stephenson v. Board of Comm’rs, 261 Ga. 399, 405 S.E.2d 488 (1991). County’s duty to pay attorney fees. — When an official, acting in official capacity, is required to hire outside counsel to assert a legal position the local government attorney cannot (because of a conflict in representing the local government) or will not assert, and the official is successful in asserting his or her position, the local government must pay the official’s attorney fees. Haralson County v. Kimball, 243 Ga. App. 559, 533 S.E.2d 762 (2000). Statutory law authorized local governments and other ‘‘public bodies’’ to adopt employment policies whereby the local government agreed to provide representation to the local government’s employees if a conflict of interest existed and the matter did not involve property or money in which the governmental unit had an interest; since the sheriff was a local governmental unit employee who the trial court properly certified had a conflict of interest over the county commission’s adoption of a budget that harmed the sheriff ’s department and that matter did not involve the government’s property or money, the trial court properly ruled that the sheriff had a right to have counsel appointed for the sheriff, and have the sheriff ’s attorney’s fees and expenses paid, on the sheriff ’s challenge to that budget. Bd. of Comm’rs v. Saba, 278 Ga. 176, 598 S.E.2d 437 (2004). Cited in Wayne County Bd. of Comm’rs v. Warren, 236 Ga. 150, 223 S.E.2d 133 200 (1976); Nash v. Pierce, 238 Ga. App. 466, 519 S.E.2d 462 (1999); City of Stockbridge 45-9-22 v. Stuart, 329 Ga. App. 323, 765 S.E.2d 16 (2014).