WILLIAM DONALD SCHAEFER, Governor Ch. 546
(iii) An elected or appointed member of the county board.

(4) "Volunteer" means an individual who, at the request of the county
board, and under its control and direction, provides services or performs duties for the
board without compensation.

[(b) (1) The county board shall be joined as a party to an action against a
county board employee or volunteer that alleges damages resulting from a tortious act
or omission committed by the employee in the scope of employment or by the volunteer
within the scope of the volunteer's services or duties.

(2) The issue of whether the county board employee acted within the
scope of employment may be litigated separately.

(3) The issue of whether the volunteer acted within the scope of the
volunteer's services or duties may be litigated separately.

(c) A county board employee acting within the scope of employment, without
malice and gross negligence, is not individually liable for damages resulting from a
tortious act or omission for which a limitation of liability is provided for the county
board under § 4-105 of this subtitle, including damages that exceed the limitation on
the county board's liability.

(d) (1) The provisions of this subsection apply only to a volunteer.

(2) A volunteer who acts within the scope of the volunteer's services or
duties is not individually liable for damages resulting from a tortious act or omission
beyond the limits of any personal insurance the volunteer may have unless:

(i) The damages were the result of the volunteer's negligent
operation of a motor vehicle; or

(ii) The damages were the result of the volunteer's willful, wanton,
malicious, reckless, or grossly negligent act or omission.

(3) The limitations on liability contained in this subsection may not be
construed or applied to affect any immunities from civil liability or defenses established
by any other provision of the Code or by common law to which the volunteer may be
entitled.

(e) Except as provided in subsection (e) or subsection (d) of this section, a
judgment in tort for damages against a county board employee acting within the scope
of employment or a volunteer acting within the scope of the volunteer's services or
duties shall be levied against the county board only, and may not be executed against
the county board employee or the volunteer individually.

(f) Nothing in this section shall be construed to waive the sovereign immunity of
the county board above $100,000 that may be raised under § 4-105(d)(l) of this
subtitle.]

(B) (1) A COUNTY BOARD EMPLOYEE SHALL HAVE THE
IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3 i

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