116

LAWS OF MARYLAND

Ch. 22

NONCERTIFICATED PERSONNEL SHALL BE DETERMINED IN ACCORDANCE
WITH THE BALTIMORE CITY CHARTER.

REVISOR'S NOTE: This section presently appears as Art.
77, §54.

The only changes are in style.

4-104. COUNSEL.

(A)    RETENTION OF COUNSEL BY COUNTY BOARD — IN
GENERAL.

(1) EXCEPT IN BALTIMORE COUNTY AND BALTIMORE
CITY, EACH COUNTY BOARD MAY:

(1)    RETAIN COUNSEL TO REPRESENT IT IN LEGAL
MATTERS THAT AFFECT THE BOARD; AND

(II) CONTRACT FOR THE PAYMENT OF A REASONABLE
FEE TO THE COUNSEL.

(2)    FUNDS FOR THESE FEES SHALL BE INCLUDED IN
THE ANNUAL BUDGET.

(B)   RETENTION OF COUNSEL BY BALTIMORE COUNTY BOARD.

THE BALTIMORE COUNTY BOARD MAY RETAIN COUNSEL TO
REPRESENT IT IN LEGAL MATTERS THAT INVOLVE DISPUTES WITH THE
BALTIMORE COUNTY GOVERNMENT.

(C)     PAYMENT FOR COUNSEL IN SUITS AGAINST BOARD
MEMBERS.

EACH COUNTY BOARD MAY PAY ALL OR PART OF THE COUNSEL
FEES FOR THE DEFENSE OF A COUNTY BOARD MEMBER WHO IS
INVOLVED IN LITIGATION BECAUSE OF HIS SERVICE AND IN HIS
OFFICIAL CAPACITY ON THAT BOARD. THESE PAYMENTS ARE A VALID
EDUCATIONAL EXPENSE.

(D)    COUNSEL TO BE PROVIDED IN SUITS AGAINST TEACHERS
AND OTHER BOARD AGENTS AND EMPLOYEES.

(1) IN ANY SUIT OR CLAIM BROUGHT AGAINST A
PRINCIPAL, TEACHER, SCHOOL SECURITY GUARD, OR OTHER AGENT OR
EMPLOYEE OF A COUNTY BOARD BY A PARENT OR OTHER CLAIMANT
WITH RESPECT TO AN ACTION TAKEN BY THE AGENT OR EMPLOYEE,
THE BOARD SHALL PROVIDE FOR COUNSEL FOR THAT INDIVIDUAL IF:

(1)  THE ACTION HAS TAKEN IN THE PERFORMANCE OF
HIS DUTIES, WITHIN THE SCOPE OF HIS EMPLOYMENT, AND WITHOUT
MALICE; AND

(II) THE BOARD DETERMINES THAT HE HAS ACTING
WITHIN HIS AUTHORIZED OFFICIAL CAPACITY IN THE INCIDENT.

(2)    THE COUNSEL REQUIRED BY THIS SECTION MAY BE
PROVIDED THROUGH THE OFFICE OF THE COUNTY ATTORNEY OR CITY