§ 23.308. Settlement obligations.

(a)

Before the County Solicitor undertakes the defense of an officer, agent or employee, the officer, agent or employee shall sign an agreement which provides that the County Solicitor shall compromise or settle a claim on behalf of the risk management fund only after notifying the officer, agent or employee of the proposed settlement and of its terms and after giving the individual the opportunity to suggest additional terms that are in the interest of the employee and the County.

(b)

The agreement shall also provide that the County shall obtain the written consent of the officer, agent or employee to the settlement of a claim if either:

(1)

The proposed settlement will not provide him/her with a general release; or

(2)

The County intends to ask the officer, agent or employee to repay any of the cost of the settlement or of the legal costs.

(c)

The agreement shall further provide that if the officer's, agent's or employee's consent is required and the officer, agent or employee does not consent to the compromise or settlement, the County Solicitor may treat the failure to consent as a failure to cooperate, pursuant to section 23.307 of this subtitle.

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