§ 23.509. Payment of judgment or settlement.

(a)

Judgments. The amount of any judgments against Board members, agents and employees shall be paid from the Risk Management Fund up to the limits set forth in the agreement between the Howard County Government and the Howard County Community College.

(b)

Settlements. The Risk Management Program Committee may approve payment of proposed settlements and shall authorize payment from the risk management fund of settlements negotiated and approved on behalf of the Board, its members, officials, agents and employees, up to the limits set forth in the agreement between the Howard County Government and the Howard County Community College, provided that, in the opinion of the Committee:

(1)

The Board member, agent or employee was acting within the scope of employment or is likely to be found by a court or jury to have been acting within the scope of employment; and

(2)

The costs of the litigation, the risks of a judgment adverse to the board member, agent or employee and other relevant factors indicate that settlement is appropriate under the circumstances.

(c)

Repayment by board member, agent or employee. The County may collect from the board member, agent or employee any amounts paid in compensatory damages for acts or omissions of the individual within the scope of his/her employment, when it is found that the Board member, agent or employee acted with actual malice.

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