§ 23.404. Responsibility for providing defense; payment of judgment.

(a)

Defense. The risk management program shall provide for defense of claims against the Board of Education, its members, public officials, agents and employees arising from acts or omissions committed within the scope of employment or authorized official capacity and without malice.

(b)

Responsibility for Paying Judgment. A claim or judgment against a board member, agent or employee for compensatory damages up to the maximum limits of liability set forth in section 5-353 of the courts and judicial proceedings article of the Annotated Code of Maryland or up to any lesser amount provided in the agreement between the Board of Education and the County shall be satisfied from the risk management fund if the board member, agent of employee was acting within the scope of employment or authorized official capacity and without malice.

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

State law reference

Tort immunity of county board of education, Ann. Code of Md., Courts and Judicial Proceedings article, § 5-518.