For the purposes of this article, the following
terms now have the meanings set forth below:
COUNTY
Talbot County, Maryland.
EMPLOYEE
All salaried employees of the County Council, but shall also
include the County Attorney and Deputy County Attorney.
OFFICIAL
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)]
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.