§ 23.407. Requirement to repay the risk management fund for costs of defense.

Before the County Solicitor or outside counsel undertakes the defense of a board member, agent or employee, the board member, agent or employee shall sign an agreement which provides that the board member, agent or employee understand that if the information provided during the investigation was not complete and true or was misleading; or if the board member, agent or employee otherwise fails to cooperate in the defense the County Solicitor:

(a)

May withdraw as counsel to the board member, agent or employee with leave of court or request other counsel provided under subsection 23.405(e) to withdraw; or

(b)

May charge the board member, agent or employee for continued defense; and

(c)

May seek reimbursement from the employee for any judgment the Board or the risk management fund may be required to pay.

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