(b) The legislature itself differentiated In the Law Among the various situations and powers mentioned above - not only when the Separate Sections The procedure began with lawsuits filed against a civil servant and singled out Other Sections For the hearing of claims filed against an employee of the public authority, but also when it was determined - In Section 7B The Law Itself - One Reference
to a notice of recognition of immunity, which comes from the state, and another reference to a request by a state employee to grant him such immunity (when no notice of recognition was given by the state in respect of him (see: sections 7b(d) and (e) of the law)). This internal distinction must be given to the full extent of the issues, otherwise there will be no difference between the manner in which the notice of recognition will be validated (or revoked) and the manner in which the request for granting immunity will be approved (or rejected).
- This is the place to add that the Israeli legislature has also seen in other contexts to demonstrate a different approach to civil servants, compared to employees of public authorities. Thus, for example, it has been determined that employees of local authorities are liable to be liable to pay a personal charge if they pay, or authorize an illegal payment, or cause a shortfall, or loss to the local authority's coffers due to negligence or misconduct on their part (see: Sections 221-226 of the Municipalities Ordinance [New Version]; Section 33 of the Local Councils Ordinance [New Version], Section 189 of the Local Councils Ordinance, 5711-1950, Section 84 and Section 132(d) of the Local Councils (Regional Councils) Order, 5718-1958, Section 11(b) of the Town Associations Law, 5715-1955; See also: High Court of Justice 2937/91 Treister v. Head of the Menahemia Local Council, IsrSC 47(2), 758 (1993)). Provisions of this kind do not exist in our country with respect to civil servants, and at the time the reason for this was that the control procedures at the government level are more structured and strict (I am not expressing an opinion here as to whether this reasoning is correct and indeed justifies the difference, since this is an issue that the legislature must address).
The matter of personal liability brings me to the provision of section 7F of the Law.
- The aforementioned provision (section 7F of the Law), which regulates the possibility of compensation and indemnification by the state, or the public authority, does not distinguish between the various public servants (state employees, or employees of the public authority). It allows the public servant to demand compensation, or indemnification, if he acted in a serious deviation from the proper conduct of a public servant and it was determined:
(a) that he has committed an act against the authority that establishes liability in torts, in which case it is entitled to compensation.