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California Government Code Section 815.3

Legal Research Home > California Lawyer > Government Code > California Government Code Section 815.3

(a) Notwithstanding any other provision of this part, unless
the elected official and the public entity are named as codefendants
in the same action, a public entity is not liable to a plaintiff
under this part for any act or omission of an elected official
employed by or otherwise representing that public entity, which act
or omission constitutes an intentional tort, including, but not
limited to, harassment, sexual battery, and intentional infliction of
emotional distress.  For purposes of this section, harassment in
violation of state or federal law constitutes an intentional tort, to
the extent permitted by federal law.  This section shall not apply
to defamation.
   (b) If the elected official is held liable for an intentional tort
other than defamation in such an action, the trier of fact in
reaching the verdict shall determine if the act or omission
constituting the intentional tort arose from and was directly related
to the elected official's performance of his or her official duties.
  If the trier of fact determines that the act or omission arose from
and was directly related to the elected official's performance of
his or her official duties, the public entity shall be liable for the
judgment as provided by law.  For the purpose of this subdivision,
employee managerial functions shall be deemed to arise from, and to
directly relate to, the elected official's official duties.  However,
acts or omissions constituting sexual harassment shall not be deemed
to arise from, and to directly relate to, the elected official's
official duties.
   (c) If the trier of fact determines that the elected official's
act or omission did not arise from and was not directly related to
the elected official's performance of his or her official duties,
upon a final judgment, including any appeal, the plaintiff shall
first seek recovery of the judgment against the assets of the elected
official.  If the court determines that the elected official's
assets are insufficient to satisfy the total judgment, including
plaintiff's costs as provided by law, the court shall determine the
amount of the deficiency and the plaintiff may seek to collect that
remainder of the judgment from the public entity.  The public entity
may pay that deficiency if the public entity is otherwise authorized
by law to pay that judgment.
   (d) To the extent the public entity pays any portion of the
judgment against the elected official pursuant to subdivision (c) or
has expended defense costs in an action in which the trier of fact
determines the elected official's action did not arise from and did
not directly relate to his or her performance of official duties, the
public entity shall pursue all available creditor's remedies against
the elected official in indemnification, including garnishment,
until the elected official has fully reimbursed the public entity.
   (e) If the public entity elects to appeal the judgment in an
action brought pursuant to this section, the entity shall continue to
provide a defense for the official until the case is finally
adjudicated, as provided by law.
   (f) It is the intent of the Legislature that elected officials
assume full fiscal responsibility for their conduct which constitutes
an intentional tort not directly related to their official duties
committed for which the public entity they represent may also be
liable, while maintaining fair compensation for those persons injured
by such conduct.
   (g) This section shall not apply to a criminal or civil
enforcement action brought on behalf of the state by an elected
district attorney, city attorney, or Attorney General.
   (h) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.

Last modified: January 12, 2009