1588                                     LAWS OF MARYLAND                                 Ch. 758

12F. AGREEMENT BETWEEN ATTORNEY GENERAL AND OFFICER
OR EMPLOYEE.

THE ATTORNEY GENERAL, PRIOR TO THE DEFENSE OF AN
OFFICER OR EMPLOYEE, SHALL REQUIRE THE OFFICER OR
EMPLOYEE TO ENTER INTO AN AGREEMENT WHICH PROVIDES,
AMONG OTHER THINGS:

(1)          THE ATTORNEY GENERAL, IF HE DETERMINES IT
APPROPRIATE, MAY REQUIRE THE OFFICER OR EMPLOYEE TO
REIMBURSE THE STATE FOR ALL EXPENSES, INCLUDING COURT
COSTS AND REASONABLE ATTORNEYS' FEES, IF IT IS JUDICIALLY
DETERMINED THAT THE INJURIES COMPLAINED OF DID NOT
ARISE OUT OF AN ACT OR OMISSION OF THE OFFICER OR
EMPLOYEE OCCURRING DURING THE PERFORMANCE OF HIS
DUTIES AND WITHIN THE SCOPE OF HIS EMPLOYMENT OR THAT
THE ACT OR OMISSION OF THE OFFICER OR EMPLOYEE WAS
MALICIOUS OR GROSSLY NEGLIGENT, AND THE DEFENSE OF
SOVEREIGN IMMUNITY AS TO THE OFFICER OR EMPLOYEE IS NOT
AVAILABLE[[.]] ;_ BUT SUCH REIMBURSEMENT MAY NOT BE
REQUIRED IF THE INFORMATION PROVIDED TO THE ATTORNEY
GENERAL BY THE OFFICER OR EMPLOYEE WAS COMPLETE AND
WAS NEITHER FALSE NOR MISLEADING. THESE COSTS
CONSTITUTE A DEBT DUE THE STATE OF MARYLAND AND MAY BE
COLLECTED BY APPROPRIATE JUDICIAL PROCEEDINGS.

(2)    THAT, IF A JUDGMENT IS RENDERED AGAINST THE OFFICER
OR EMPLOYEE, THE STATE, ITS AGENCY, BOARD, COMMISSION, OR
DEPARTMENT THEREOF, IS NOT RESPONSIBLE FOR THE PAYMENT
OF THE JUDGMENT, AND THE LEGAL REPRESENTATION BY THE
ATTORNEY GENERAL, HIS ASSISTANTS, OR SPECIAL COUNSEL OF
AN OFFICER OR EMPLOYEE IN NO MANNER CONSTITUTES AN
OBLIGATION ON THE PART OF THE STATE TO PAY THE JUDGMENT
OR A SETTLEMENT OF A CLAIM.

[[(3) THAT, IF THE ATTORNEY GENERAL ELECTS TO ASSUME
THE DEFENSE, THE OFFICER OR EMPLOYEE WAIVES ALL RIGHT TO
BRING AN ACTION AGAINST THE ATTORNEY GENERAL, HIS
ASSISTANTS, OR OTHER SPECIAL COUNSEL ALLEGING
MALPRACTICE, AND THE OFFICER OR EMPLOYEE IS FULLY BOUND
BY THE ACTS AND REPRESENTATIONS OF THE ATTORNEY
GENERAL, HIS ASSISTANTS, AND SPECIAL COUNSEL UNTIL THE
OFFICER OR EMPLOYEE ADVISES THE ATTORNEY GENERAL, HIS
ASSISTANTS, OR SPECIAL COUNSEL, IN WRITING, TO TERMINATE
THE REPRESENTATION OF THE OFFICER OR EMPLOYEE.]]

[[(4)]] (3) THAT THE ATTORNEY GENERAL SHALL NOT
COMPROMISE OR SETTLE ANY CLAIM WITHOUT THE WRITTEN
CONSENT OF THE OFFICER OR EMPLOYEE. IF THE OFFICER OR
EMPLOYEE DOES NOT CONSENT TO THE COMPROMISE OR
SETTLEMENT, THE ATTORNEY GENERAL MAY WITHDRAW FROM
THE REPRESENTATION SUBJECT TO THE APPROPRIATE RULES OF
COURT; AND IN THAT EVENT THE STATE IS NOT RESPONSIBLE FOR
ANY FURTHER COSTS WHATSOEVER.

12G. JUDGMENT FOR STATE OFFICER OR EMPLOYEE, BAD
FAITH; UNJUSTIFIED PROCEEDING.