Maryland State Government Section 12-305

Article - State Government

§ 12-305.

      Before a State officer or State employee may be represented under this Part II of this subtitle, the Attorney General shall have the officer or employee enter into an agreement that:

            (1)      enables the Attorney General to require, from the officer or employee, reimbursement of court costs, reasonable counsel fees, and other expenses in representing the officer or employee if:

                  (i)      it is determined judicially that:

                        1.      the defense of sovereign immunity is not available to the officer or employee;

                        2.      the injuries arose out of an act or omission of the officer or employee; and

                        3.      the act or omission was malicious or grossly negligent or, when the act or the omission was made, the officer or employee was not performing a duty within the scope of the employment of the officer or employee; and

                  (ii)      the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;

            (2)      authorizes collection of the reimbursement, as a debt due to the State;

            (3)      states that:

                  (i)      this representation of the officer or employee does not constitute an obligation for the State to pay a settlement, if the claim is settled, or a judgment, if judgment is rendered against the officer or employee;

                  (ii)      the State and its units are not responsible for payment of the judgment; and

                  (iii)      the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;

            (4)      provides that:

                  (i)      the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;

                  (ii)      if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and

                  (iii)      the State is not responsible for any costs after the withdrawal; and

            (5)      includes any other provisions that the Attorney General considers necessary.

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