§ 12-305. Agreement for representation

   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.

HISTORY: An. Code 1957, art. 32A, § 12F; 1984, ch. 284, § 1; 1989, ch. 506.