§ 23.303. Responsibility for authorizing defense; payment of judgment.

(a)

Defense:

(1)

The Risk Management Program Committee shall authorize legal defense for current and past Howard County Executive(s) and Howard County Councilmembers for any claims arising from acts or omissions occurring in the performance of their official duties.

(2)

The Risk Management Program Committee shall provide legal counsel in a suit or claim brought against officers, agents and employees of Howard County, Maryland, or a governmental agency's officers, agents and employees for acts or omissions during the course of employment if the County Solicitor determines that the factual allegations show that:

a.

The act or omission was within the scope of employment of the officers, agents and employees or in their official responsibilities for Howard County or the governmental agency; and

b.

The officers, agents or employees were acting within their authorized official capacity.

(b)

Responsibility for Paying Judgment:

(1)

Compensatory damages; judgments for negligence. The Risk Management Program Committee shall authorize the payment of judgments for compensatory damages up to the maximum limits of liability set forth in section 5-403 of the courts and judicial proceedings of the Annotated Code of Maryland against officers, agents or employees for damages resulting from tortious acts or omissions committed by the officers, agents or employees acting within the scope of their employment.

(2)

County Solicitor determines no malice; jury finding of malice. If the County Solicitor, pursuant to section 23.304 of the Howard County Code, determines that the officer, employee or agent was not acting with malice, the Risk Management Program Committee, with the approval of the County Executive, may pay an award of compensatory damages above the limits of liability set forth in subsection 5-403(a) and an award of punitive damages, notwithstanding the jury's finding of malice.

(3)

Finding of malice; suit to collect from officer, agent or employee. If the actions of the agent or employee are found by a court or a jury to have been malicious, the Risk Management Program Committee, with the approval of the County Executive, may authorize a suit against the officer, agent or employee to collect any damage award the County is required by law to pay.

(C.B. 55, 1986; C.B. 65, 1995)