§ 23.309. Responsibility for costs of officer, agent or employee.

(a)

Risk Management Fund Pays. If the County Solicitor decides not to undertake the defense of an officer, agent or employee and the court decides that the officer's, agent's, or employee's acts or omissions were within the scope of his/her employment, the risk management fund shall pay the costs of the defense, including court costs and attorneys' fees, except in cases where the court orders the plaintiff to pay these costs.

(b)

Plaintiff Pays. If the court finds for the officer, agent or employee and there is reason to believe that the action or proceeding was instituted in bad faith or without substantial justification, the Risk Management Program Committee may authorize the County Solicitor, assistant County Solicitor, outside counsel or private counsel for the officer, agent or employee to petition the court to require the plaintiff to pay the risk management fund or the officer, agent or employee, as the case may be, the costs of defending the case, including court costs and attorneys' fees.

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