§ 4-3-203. DEFENSE AND REIMBURSEMENT FOR CIVIL ACTIONS.

(a)

Defense by County Attorney. Except as provided in subsections (b) and (c) of this section, the County Attorney shall defend an employee in a civil action in which the employee is made a party-defendant as a result of acts or omissions committed by the employee in the scope of employment or the performance of duties as an employee of the county.

(b)

Effect of conflict of interest between county and employee.

(1)

In preparing the case of the employee, if the County Attorney determines, in the County Attorney's sole discretion, that there is a conflict of interest between the county and the employee, the County Attorney may:

(i)

Advise the employee of the conflict and decline to defend the employee; or

(ii)

Pursue approval for the engagement of outside counsel to represent the employee under § 510 of the Charter.

(2)

If there is a final judicial determination in favor of an employee and the County Attorney did not defend the employee because of a conflict of interest between the county and the employee, the county may reimburse the employee as provided in § 4-3-204 of this subtitle for court costs, reasonable attorney fees, and other related legal expenses.

(c)

Additional legal counsel. This section does not prohibit an employee of the county from retaining, at the employee's own expense, additional legal counsel for defending a civil action.

(1988 Code, § 2-183) (Bill No. 66-99, § 2, 7-1-2004)