[ Previous Page]  [ Home Page ]

The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5921

June 15, 1981

COLLEGES AND UNIVERSITIES:

Payment of judgment obtained against officer or employee

PUBLIC OFFICERS AND EMPLOYEES:

Judgment obtained against officer or employee of state college

The controlling board of a state college may use public funds to pay a judgment for damages, including back pay, prejudgment interest, attorney fees and costs, which may be awarded against an officer and an employee of the college, when such damages were caused by the negligence of the officer and employee while in the course of their employment and within the scope of their authority.

Honorable Mitch Irwin

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on a question which may be phrased as follows:

May a state college use public funds to pay a judgment for damages, including back pay, prejudgment interest, attorney fees and costs, that may be awarded against an officer and an employee of the college?

A governmental agency may use public funds to pay a judgment for damages which may be awarded against an officer or employee of the agency when such damages were caused by the negligence of the officer or employees while in the course of employment and while acting within the scope of his or her authority. 1964 PA 170; MCLA 691.1401 et seq; MSA 3.996(101) et seq, Sec. 8; as last amended by 1978 PA 141. OAG, 1977-1978, No 5305, p 436 (May 3, 1978), and OAG, 1979-1980, No 5572, p 421 (October 4, 1979). A public college is a governmental agency under 1964 PA 170, supra, Sec. 1.

It is, therefore, my opinion that a state college may use public funds to pay a judgment for damages, including back pay, prejudgment interest, attorney fees and costs, which may be awarded against an officer and an employee of the college when such damages were caused by the negligence of an officer and employee while in the course of their employment and while acting within the scope of their authority.

Frank J. Kelley

Attorney General


[ Previous Page]  [ Home Page ]