2005 California Government Code Sections 995-996.6 PART 7. DEFENSE OF PUBLIC EMPLOYEES

995.  Except as otherwise provided in Sections 995.2 and 995.4, upon
request of an employee or former employee, a public entity shall
provide for the defense of any civil action or proceeding brought
against him, in his official or individual capacity or both, on
account of an act or omission in the scope of his employment as an
employee of the public entity.
   For the purposes of this part, a cross-action, counterclaim or
cross-complaint against an employee or former employee shall be
deemed to be a civil action or proceeding brought against him.
995.2.  (a) A public entity may refuse to provide for the defense of
a civil action or proceeding brought against an employee or former
employee if the public entity determines any of the following:
   (1) The act or omission was not within the scope of his or her
employment.
   (2) He or she acted or failed to act because of actual fraud,
corruption, or actual malice.
   (3) The defense of the action or proceeding by the public entity
would create a specific conflict of interest between the public
entity and the employee or former employee.  For the purposes of this
section, "specific conflict of interest" means a conflict of
interest or an adverse or pecuniary interest, as specified by statute
or by a rule or regulation of the public entity.
   (b) If an employee or former employee requests in writing that the
public entity, through its designated legal counsel, provide for a
defense, the public entity shall, within 20 days, inform the employee
or former employee whether it will or will not provide a defense,
and the reason for the refusal to provide a defense.
   (c) If an actual and specific conflict of interest becomes
apparent subsequent to the 20-day period following the employee's
written request for defense, nothing herein shall prevent the public
entity from refusing to provide further defense to the employee.  The
public entity shall inform the employee of the reason for the
refusal to provide further defense.
995.3.  (a) If a state employee provides his or her own defense
against an action brought for an alleged violation of Section 8547.3,
and if it is established that no violation of Section 8547.3
occurred, the public entity shall reimburse the employee for any
costs incurred in the defense.
   (b) A public entity which does provide for the defense of a state
employee charged with a violation of Section 8547.3 shall reserve all
rights to be reimbursed for any costs incurred in that defense.  If
a state employee is found to have violated Section 8547.3, he or she
is liable for all defense costs and shall reimburse the public entity
for those costs.
995.4.  A public entity may, but is not required to, provide for the
defense of:
   (a) An action or proceeding brought by the public entity to
remove, suspend or otherwise penalize its own employee or former
employee, or an appeal to a court from an administrative proceeding
by the public entity to remove, suspend or otherwise penalize its own
employee or former employee.
   (b) An action or proceeding brought by the public entity against
its own employee or former employee as an individual and not in his
official capacity, or an appeal therefrom.
995.6.  A public entity is not required to provide for the defense
of an administrative proceeding brought against an employee or former
employee, but a public entity may provide for the defense of an
administrative proceeding brought against an employee or former
employee if:
   (a) The administrative proceeding is brought on account of an act
or omission in the scope of his employment as an employee of the
public entity; and
   (b) The public entity determines that such defense would be in the
best interests of the public entity and that the employee or former
employee acted, or failed to act, in good faith, without actual
malice and in the apparent interests of the public entity.
995.8.  A public entity is not required to provide for the defense
of a criminal action or proceeding (including a proceeding to remove
an officer under Sections 3060 to 3073, inclusive, of the Government
Code) brought against an employee or former employee, but a public
entity may provide for the defense of a criminal action or proceeding
(including a proceeding to remove an officer under Sections 3060 to
3073, inclusive, of the Government Code) brought against an employee
or former employee if:
   (a) The criminal action or proceeding is brought on account of an
act or omission in the scope of his employment as an employee of the
public entity; and
   (b) The public entity determines that such defense would be in the
best interests of the public entity and that the employee or former
employee acted, or failed to act, in good faith, without actual
malice and in the apparent interests of the public entity.
995.9.  Notwithstanding any other provision of law, upon a request
made in writing to a public entity, the public entity may defend or
indemnify or defend and indemnify any witness who has testified on
behalf of the public entity in any criminal, civil, or administrative
action.  The decision of the public entity to defend or indemnify or
defend and indemnify such a witness shall rest within the sound
discretion of the public entity and may be based on any relevant
factors, including, but not limited to, whether the provision of
defense or indemnity would serve the public interest.  The public
entity may defend or indemnify or defend and indemnify the witness
only if it is determined by the public entity that the action being
brought against the witness is based directly upon the conduct which
the public entity requested of the witness related to the witness'
testimony or provision of evidence. The public entity has the
discretion to provide a defense alone apart from indemnity, and the
public entity may offer to defend or indemnify or defend and
indemnify while reserving all rights to subsequently withdraw these
offers upon reasonable notice.
   Neither defense nor indemnification shall be provided if the
testimony giving rise to the action against the witness was false in
any material respect, or was otherwise not given by the witness with
a good faith belief in its truth; nor shall representation or
indemnification under this section be offered or promised unless the
action has been commenced and the witness has requested the public
entity to act for the witness' benefit under this section.  The
public entity shall not be liable for indemnification of a defendant
witness for punitive damages awarded to the plaintiff in such an
action.  If the plaintiff prevails in a claim for punitive damages in
an action defended at the expense of the public entity, the
defendant shall be liable to the public entity for the full costs
incurred by the public entity in providing representation to the
defendant witness.
996.  A public entity may provide for a defense pursuant to this
part by its own attorney or by employing other counsel for this
purpose or by purchasing insurance which requires that the insurer
provide the defense.  All of the expenses of providing a defense
pursuant to this part are proper charges against a public entity.  A
public entity has no right to recover such expenses from the employee
or former employee defended.
996.4.  If after request a public entity fails or refuses to provide
an employee or former employee with a defense against a civil action
or proceeding brought against him and the employee retains his own
counsel to defend the action or proceeding, he is entitled to recover
from the public entity such reasonable attorney's fees, costs and
expenses as are necessarily incurred by him in defending the action
or proceeding if the action or proceeding arose out of an act or
omission in the scope of his employment as an employee of the public
entity, but he is not entitled to such reimbursement if the public
entity establishes (a) that he acted or failed to act because of
actual fraud, corruption or actual malice, or (b) that the action or
proceeding is one described in Section 995.4.
   Nothing in this section shall be construed to deprive an employee
or former employee of the right to petition for a writ of mandate to
compel the public entity or the governing body or an employee thereof
to perform the duties imposed by this part.
996.6.  The rights of an employee or former employee under this part
are in addition to and not in lieu of any rights he may have under
any contract or under any other enactment providing for his defense.