In the two cases before us, there was no dispute that the actions were carried out while fulfilling the governmental duties of public servants. As for the policemen, this is
In the actions taken during Flexer's interrogation and in the case of Adv. Gordon, we are dealing with legal proceedings that were taken in the course of fulfilling her role as the legal advisor to the Municipality. The main discussion before us, therefore, focused on the final provision of section 7A(a), which establishes an exception to immunity where the public servants acted knowingly with the intention of causing damage or with the intention of causing it. In determining the exception, the legislature expressed the principle according to which a public servant who, in the performance of his governmental function, acts with the intention of causing damage or out of Indifference to the damage that may be caused as a result of his actions is not appropriate to be protected under the wings of immunity, which is mainly intended to enable public servants to perform their duties without fear and without fear that their actions in the performance of their governmental function - by act or omission - will give rise to personal lawsuits against them.
- What is the manner in which it is appropriate to ascertain the mental element that accompanied the employee's actions for the purpose of determining the existence or non-existence of immunity available to the employee in a personal claim filed against him? This is the central question that the parties posed to us in the appeals at hand. The relevant provisions in this regard are fixed In Sections 7B and7C to the Ordinance and as is immediately apparent upon reading these provisions, which will be brought below, the legislature saw fit to distinguish in this context between civil servants and employees of public authorities.
Section 7B relates to the immunity of civil servants and states as follows:
(a) A lawsuit was filed against a civil servant for an act committed while fulfilling his duties as a civil servant, and the state claimed In a notice to the court of the existence of immunity According to section 7A regarding the employee's act, if the act is committed, the state will be joined in the proceeding, if it is not joined to it as a defendant.