BLAIR LEE III, Acting Governor

2299

SETTLEMENT OR ANY JUDGMENT RENDERED BY A COURT OF COMPETENT
JURISDICTION AGAINST A STATE OFFICER OR STATE EMPLOYEE. THE
GRANT MAY INCLUDE ATTORNEY'S FEES, OR COSTS, OR BOTH.

(2)    THE BOARD MAY PAY THE GRANT IN LUMP SUM OR
IN INSTALLMENTS.

(3)    THE BOARD MAY MAKE THE GRANT ONLY (I) UPON
WRITTEN APPLICATION TO THE BOARD SPECIFYING THE APPLICANT'S
REASONS FOR BELIEVING THE JUDGMENT TO BE A STATE
RESPONSIBILITY; (II) UPON A HEARING BEFORE THE BOARD OR A
HEARING OFFICER APPOINTED BY IT; (III) AFTER A WRITTEN
REPORT IS RECEIVED FROM THE ATTORNEY GENERAL, IF THE
APPLICANT IS A STATE OFFICER OR EMPLOYEE FOR PURPOSES OF

ARTICLE 32A AND A DEFENSE WAS PROVIDED TO THE OFFICER OR

EMPLOYEE PURSUANT TO THE PROVISIONS OF ARTICLE 32A OF THE
CODE; AND (IV) AFTER A WRITTEN OPINION HAS BEEN FILED BY THE
BOARD ASSIGNING ITS REASONS FOR THE GRANT OR DENIAL.

(4)    AS A CONDITION TO THE PAYMENT OF THE GRANT,
THE BOARD SHALL FIND THAT THE ACT OR OMISSION OF THE STATE
OFFICER OR STATE EMPLOYEE OCCURRED DURING THE PERFORMANCE OF
HIS DUTIES AND IN THE SCOPE OF HIS EMPLOYMENT, DID NOT
AMOUNT TO GROSS NEGLIGENCE, AND WAS DONE WITHOUT MALICE.
THE FINDING SHALL BE INCLUDED IN THE WRITTEN OPINION OF THE
BOARD.

(C)    THE PAYMENT OF THE GRANT BY THE BOARD SHALL NOT
BE CONSTRUED TO ABROGRATE THE SOVEREIGN IMMUNITY OF THE
STATE OR DEPRIVE ANY AGENCY, BOARD, COMMISSION, DEPARTMENT,
OFFICER, OR INSTITUTION, OR ANY EMPLOYEE THEREOF, OF ITS
SOVEREIGN IMMUNITY. NO APPEAL SHALL LIE TO ANY COURT FROM A
DECISION OF THE BOARD OF PUBLIC WORKS MADE PURSUANT TO THIS
SECTION.

(D)    (1) FOR THE PURPOSES OF THIS SECTION, THE TERM
"STATE OFFICER" INCLUDES A PERSON WHO HOLDS A POSITION
WHICH, WHILE ACTING IN THE PERFORMANCE OF HIS DUTIES AND
WITHIN THE SCOPE OF HIS EMPLOYMENT, INVOLVES THE EXERCISE OF
DISCRETION AND INVOLVES THE DISCHARGE OF A PORTION OF THE
SOVEREIGNTY OF THE STATE, REGARDLESS OF THE AMOUNT OR SOURCE
OF HIS COMPENSATION.

(2) FOR THE PURPOSES OF THIS SECTION, THE TERM
"STATE EMPLOYEE" INCLUDES:

(I)    ANY REGULAR CLASSIFIED OR
UNCLASSIFIED EMPLOYEE OF THE STATE FOR WHOM COMPENSATION   IS
PROVIDED FOR BY STATE APPROPRIATION OR WHOSE COMPENSATION   IS
PAID, IN WHOLE OR IN PART, FROM STATE FUNDS;

(II)   ANY EMPLOYEE SUBJECT TO THE
JURISDICTION OF THE STATE DEPARTMENT OF PERSONNEL;

(III)  AN OFFICER, WARRANT OFFICER, OR
ENLISTED MEMBER OF THE ORGANIZED MILITIA;

(IV)   AN EMPLOYEE OR MEMBER OF A COMMUNITY