2814

LAWS OF MARYLAND

Ch. 811

INCREASINGLY DIFFICULT TO RECRUIT AND RETAIN QUALIFIED
PERSONNEL TO SERVE IN PUBLIC POSITIONS THAT INVOLVE EITHER
THE EXERCISE OF DISCRETION OR DEALING WITH THE PUBLIC AT
LARGE; AND IT HAS ALSO BECOME INCREASINGLY DIFFICULT AND
EXPENSIVE TO PROTECT SUCH OFFICERS AND EMPLOYEES THROUGH
PUBLIC LIABILITY INSURANCE.

(4) AS A MATTER OF STATE POLICY, IT IS ESSENTIAL
TO PROTECT COUNTY OFFICERS AND EMPLOYEES, WHEN ACTING WITHIN
THE SCOPE OF THEIR PUBLIC DUTIES AND RESPONSIBILITIES, FROM
LIABILITY EXCEPT FOR INSTANCES OF MALICIOUS CONDUCT OR GROSS
NEGLIGENCE.

(5) THE IMMUNITIES OR DEFENSES AVAILABLE TO AN
INDIVIDUAL COUNTY OFFICER OR EMPLOYEE FOR HIS ACTIONS SHALL
REMAIN UNAFFECTED BY THE PROVISIONS OF THIS SECTION.

(B) (A) (1) THE COUNTY COMMISSIONERS MAY GRANT FROM
THE GENERAL FUND, OR FROM FUNDS PROVIDED THEREFOR IN THE
BUDGET, OR FROM FUNDS APPROPRIATED THEREFOR TO A SPECIAL
FUND, A SUM TO SATISFY ALL OR PART OF ANY SETTLEMENT OR ANY
JUDGMENT RENDERED BY A COURT OF COMPETENT JURISDICTION
AGAINST A COUNTY OFFICER OR COUNTY EMPLOYEE. THE GRANT MAY
INCLUDE ATTORNEY'S FEES, OR COSTS, OR BOTH.

(2)  THE COUNTY COMMISSIONERS MAY PAY THE GRANT
IN LUMP-SUM OR IN INSTALLMENTS.

(3)  THE COUNTY COMMISSIONERS MAY MAKE THE GRANT
ONLY:

(I)  UPON WRITTEN APPLICATION TO THE COUNTY
COMMISSIONERS SPECIFYING THE APPLICANT'S REASONS FOR
BELIEVING THE JUDGMENT TO BE A COUNTY RESPONSIBILITY;

(II)  UPON A HEARING BEFORE THE COUNTY
COMMISSIONERS OR A HEARING OFFICER APPOINTED BY IT;

(III)  AFTER A WRITTEN REPORT IS RECEIVED
FROM THE COUNTY ATTORNEY, IF THE APPLICANT IS A COUNTY
OFFICER OR EMPLOYEE AND A DEFENSE WAS PROVIDED TO THE
OFFICER OR EMPLOYEE PURSUANT TO THE PROVISIONS OF ARTICLE
32A OF THE CODE OF §§ 3-69 THROUGH 3-76, INCLUSIVE, OF THIS
CODE; AND

(IV)  AFTER A WRITTEN OPINION HAS BEEN
FILED BY THE COUNTY COMMISSIONERS ASSIGNING ITS REASONS FOR
THE GRANT OR DENIAL.

(4) AS A CONDITION TO THE PAYMENT OF THE GRANT,
THE COUNTY COMMISSIONERS SHALL FIND THAT THE ACT OR OMISSION
OF THE COUNTY OFFICER OR COUNTY 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 COUNTY COMMISSIONERS.