§ 23.408. Settlement obligations.

(a)

Before the County Solicitor or other counsel selected by the Board undertakes the defense of a board member, agent or employee, the board member, agent or employee shall sign an agreement which provides that the claim shall not be compromised or settled without first notifying the board member, 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 Board.

(b)

The agreement shall also provide that the Board of Education shall obtain the written consent of the board member, 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 Board of Education intends to ask the board member, agent or employee to repay of the cost of the settlement or of the legal costs.

(c)

The agreement shall further provide that if the board member's, agent's or employee's consent is required and the officer, agent or employee does not consent to a compromise or settlement recommended by the County Solicitor or other counsel and approved by the Risk Management Program Committee, the County Solicitor or outside counsel may treat the failure to consent as a failure to cooperate pursuant to section 23.407 of this subtitle.

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