Why is it recommended that the mayor and deputies take out personal insurance for the duration of their mandate?
THE LAWYER’S ADVICE
The municipality is required to grant functional protection to elected officials. But they must also be covered by personal insurance which they pay directly.
As part of the exercise of their functions, certain elected officials benefit from legal protections provided by the municipality (articles L. 2123-34 and L. 2123-35 of the General Code of Local Authorities – CGCT). This is the functional protection from the community.
On the other hand, if the elected official commits a fault detachable from the exercise of his functions, his personal liability would be incurred.
The municipal council can legally charge the municipal budget with the costs incurred for the defense of the mayor who is the subject of criminal proceedings, provided that the acts committed by the mayor are not detachable from the exercise of his functions.
It is therefore essential that all elected executives (mayors, deputies, delegated councilors, community executives, etc.) are covered as a preventive measure by personal insurance guaranteeing the costs relating to their defense, but also financial support for their civil or administrative liability. This insurance will usefully complement the protection provided by the municipality.
This personal insurance must include two main guarantees:
- covering the financial consequences of personal fault (for example, errors committed in keeping civil status registers),
- legal protection (defense of the elected official before criminal, civil, administrative and financial courts).
The elected official, and not the community, pays this personal insurance.
When the municipal elected official in charge of executive functions exercises several mandates, it is recommended to take out a personal insurance contract by mandate or to verify that the contract signed covers the various mandates carried out.
The mayor must specify in the contract the list of different delegations granted to deputies and municipal councilors so that responsibilities are clearly established.
An elected official can be prosecuted even if he no longer exercises his mandate.
This is the reason why the elected official must ask his insurer for a subsequent guarantee. This clause ensures that the personal insurance contract will also cover the consequences, occurring beyond the mandate, of the facts and acts committed within the framework of the latter.
Precision :
Criminal convictions are not covered by insurers.
When an elected official is found guilty of intentional acts by a court decision, his insurer can request reimbursement of the sums incurred.
Likewise, for the civil consequences of a criminal offense to be guaranteed, this criminal offense must not constitute an uninsurable intentional fault.
