[Adopted 5-13-1986 by Bill No. 271]
For the purposes of this article, the following
terms now have the meanings set forth below:
The Talbot County Council.
Talbot County, Maryland.
All salaried employees of the County Council, but shall also
include the County Attorney and Deputy County Attorney.
Members of the County Council, Board of Appeals, the Planning
Commission and all other persons appointed to their positions by the
County Council, whether or not compensated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Request for representation.
(1)
Subject to the provisions of Subsection B of this section and § 97-24 of this article, the County Council will instruct the County Attorney, or an attorney specially retained for the purpose by the Council, upon the written request of any official or employee and approval by the Council, to appear and defend any criminal action instituted in any court in the United States against the official or employee resulting from any act alleged or failure to act done, without malice, in the scope of the official's or employee's duties or employment.
(2)
Subject to the provisions of Subsection B of this section, the County Council will instruct the County Attorney, or an attorney specially retained for the purpose by the Council, when requested, in writing, by a public official or employee, and following approval by the County Council, to appear and defend the public official or employee in any civil action or special proceeding instituted in any court in the United States against the public official or employee by reason of any act done or omitted to be done, without malice, in the scope of the official's or employee's duties or employment.
(3)
The provisions of this Subsection A shall not apply if the official or employee is the defendant in an action for negligence or any other tort arising from the operation of a motor vehicle if the amount claimed in such action is not in excess of the limits of any applicable policy of motor vehicle liability insurance.
B.
Notwithstanding the provisions of Subsection A above, the County Attorney may decline to represent an official or employee who retains private counsel. The County Council may approve or disapprove payment of any attorney other than the County Attorney engaged in representation under this article.
C.
Nothing in this section shall be construed to limit
the right of any official or employee to select counsel of his own
choice at his own expense, nor does this section prevent the County
Attorney from entering his appearance in a case or legal proceeding
to protect the interests of the County even though no request for
such appearance has been made by the official or employee named as
defendant.
A.
The County Attorney, prior to or immediately after entering an appearance on behalf of any employee or official under the provisions of § 97-18 of this article, shall conduct an investigation of the facts on which the action or proceeding is based. If, as a result of such investigation, the County Attorney determines that the official or employee was not acting within the scope of his employment or duties or was acting with malice, the County Attorney shall not provide representation for the employee or official. The investigation here provided for may be made by the County Attorney or any other person designated by him. If the County Attorney determines not to provide representation under the provisions of this section and the court in which the action or special proceeding was instituted subsequently renders a judgment that the official or employee was not acting maliciously, Talbot County shall be liable to the official or employee for the reasonable costs of his defense, including reasonable attorneys' fees.
B.
Any information obtained by the County Attorney as
a result of an investigation made pursuant to the provisions of this
section shall be confidential and shall not be disclosed to any person
or party to any action.
If the County Attorney determines that his representation of an official or employee pursuant to § 97-18 of this article would constitute a conflict of interest on his part, then, with approval of the Council, he shall appoint special counsel. The compensation for such special counsel shall be paid by Talbot County, on such terms as may be agreed.
In any action in which the County has provided
legal representation for an official or employee under the terms of
this article, the County shall pay any judgment returned against said
official or employee, including court costs and attorneys' fees, for
any act or failure to act of the official or employee arising out
of the scope of his duties or employment. In addition, the County
shall pay the amount of any settlement on any claim for which the
County Attorney or special counsel, appointed pursuant to this article,
has undertaken a defense.
The immunities and defenses available to any
County employee or official or to the County shall be unaffected by
the provisions of this article.
The terms of this article shall apply to any
judgment entered against an official or employee of the County or
any suit filed on or after the effective date of this article, unless
a public liability policy is available to the County furnishing similar
defense and protection to the official or employee; provided, however,
that nothing in this article is to be construed as a waiver of any
defense, including but not limited to sovereign or governmental immunity,
available to the County, its officers or employees.
Any official or employee seeking or being afforded
such defense by the County, as provided in this article, shall execute
such assurances and indemnifications, satisfactory to the County Attorney,
as will assure repayment, with appropriate security and interest,
of any sums paid by the County for judgments of punitive damages or
for defense of a matter in which the defense of governmental immunity
or sovereign immunity does not prevail (unless there is a defense
verdict or final judgment for the defense on a ground other than governmental
or sovereign immunity), or for a situation in which a criminal conviction
ultimately results.[1]
[1]
Editor's Note: Former § 6A-10, When
effective, which immediately followed this section, was repealed 7-24-2001
by Bill No. 837.
