§ 23.405. Requirement for County Solicitor to provide defense.

(a)

Initiation of Process. The County Solicitor may become involved in the case upon written request of the Board, board member, agent or employee, or to protect the interests of the County or an agency.

(b)

Investigation. Before undertaking the defense of a board member, agent or employee, the County Solicitor shall investigate the facts upon which the legal action or special proceeding is based to determine whether the member's, agent's or employee's acts or omissions were within the scope of his/her employment and whether they were malicious.

(c)

Approval Required. Based upon the results of the investigation and the recommendations of the Risk Management Program Committee, the County Executive may authorize the County Solicitor to defend the board member, agent or employee. The County Solicitor may not defend board members, agents and employees without the approval of the County Executive.

(d)

Solicitor Coordinates Defense; Initiation of Process. The County Solicitor coordinates the provision of defense on behalf of the risk management program. Upon written request, the County Solicitor may undertake the defense of the Board of Education, its public officials, agents and employees, with the recommendation of the Risk Management Program Committee and the approval of the County Executive.

(e)

Other Legal Counsel. The Board of Education may direct its legal counsel to undertake the defense of any claim against the Board of Education, its public officials, employees and agents. Upon recommendation of the County Solicitor, this defense shall be funded from the risk management fund in accordance with the professional services policy established by the risk management committee. Legal counsel for the Board of Education shall consult with and advise the County Solicitor as to the status of each claim.

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