2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 3 - Local Government Tort Claims Act
Section 5-301 - Definitions.

§ 5-301. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  Actual malice.- "Actual malice" means ill will or improper motivation. 

(c)  Employee.-  

(1) "Employee" means any person who was employed by a local government at the time of the act or omission giving rise to potential liability against that person. 

(2) "Employee" includes: 

(i) Any employee, either within or without a classified service or merit system; 

(ii) An appointed or elected official; or 

(iii) A volunteer who, at the request of the local government, and under its control and direction, was providing services or performing duties. 

(d)  Local government.- "Local government" means: 

(1) A chartered county established under Article 25A of the Code; 

(2) A code county established under Article 25B of the Code; 

(3) A board of county commissioners established or operating under Article 25 of the Code; 

(4) Baltimore City; 

(5) A municipal corporation established or operating under Article 23A of the Code; 

(6) The Maryland-National Capital Park and Planning Commission; 

(7) The Washington Suburban Sanitary Commission; 

(8) The Northeast Maryland Waste Disposal Authority; 

(9) A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College; 

(10) A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article; 

(11) The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library; 

(12) The Washington County Free Library or the Board of Trustees of the Washington County Free Library; 

(13) A special taxing district; 

(14) A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments; 

(15) Housing authorities created under Division II of the Housing and Community Development Article; 

(16) A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law; 

(17) The Baltimore Metropolitan Council; 

(18) The Howard County Economic Development Authority; 

(19) The Howard County Mental Health Authority; 

(20) A commercial district management authority established by a county or municipal corporation if provided under local law; 

(21) The Baltimore City Police Department; 

(22) A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article; 

(23) Lexington Market, Inc., in Baltimore City; 

(24) The Baltimore Public Markets Corporation, in Baltimore City; 

(25) The nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (Carroll County Senior Overland Service, Inc., t/a Carroll Area Transit System); 

(26) The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.); 

(27) Garrett County Municipalities, Inc., in Garrett County; and 

(28) The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.). 
 

[1987, ch. 594; 1988, ch. 323; 1989, ch. 416; 1992, ch. 117; ch. 201, § 2; 1993, chs. 356, 368; 1996, ch. 10, § 16; ch. 267; 1997, ch. 14, § 9; ch. 364; 1998, ch. 67; 1999, ch. 194; 2000, ch. 556; 2006, chs. 64, 186; 2007, chs. 123, 132, 315.]