§ 23.409. Responsibility for costs of board member, agent or employee.

(a)

Risk Management Fund Pays. If a decision is made not to undertake the defense of the Board, a board member, agent or employee and the court finds that the acts or omissions of the board member, agent or employee were within the scope of employment or authorized official capacity and, in the case of an employee or agent, were not malicious, the costs of the defense, including court costs and attorneys' fees, shall be paid from the risk management fund except in cases where the court orders the plaintiff to pay these costs.

(b)

Plaintiff Pays. If the court finds for the board member, 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, other counsel or private counsel for the board member, agent or employee to petition the court to require the plaintiff to pay the risk management fund or the board member, 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)