HARRY HUGHES Governor

2815

(C) (B) THE PAYMENT OF THE GRANT BY THE COUNTY
COMMISSIONERS MAY NOT BE CONSTRUED TO ABROGATE THE IMMUNITY
OF THE STATE OR COUNTY, OR DEPRIVE ANY AGENCY BOARD,
COMMISSION DEPARTMENT OFFICER OR INSTITUTION, OR ANY
EMPLOYEE THEREOF OF ITS SOVEREIGN IMMUNITY. ANY APPEAL MAY
NOT BE MADE TO ANY COURT FROM A DECISION OF THE COUNTY
COMMISSIONERS MADE PURSUANT TO THIS SECTION.

(D) (C) (1) FOR THE PURPOSES OF THIS SECTION, THE TERM
"COUNTY 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 OR COUNTY, REGARDLESS OF THE AMOUNT
OR SOURCE OF HIS COMPENSATION.

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

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

(II)  ANY EMPLOYEE SUBJECT TO THE
JURISDICTION OF THE COUNTY BUREAU OF PERSONNEL;

(III)  A PERSON PERFORMING THE SERVICES OF
A COUNTY EMPLOYEE ON A VOLUNTARY BASIS.

(3)  THE COUNTY COMMISSIONERS SHALL DETERMINE, IN
CASES OF DOUBT, WHETHER ANY PERSON MAKING WRITTEN
APPLICATION UNDER SUBSECTION (B) IS A COUNTY OFFICER OR
COUNTY EMPLOYEE FOR THE PURPOSE OF THIS SECTION, REGARDLESS
OF THE METHOD, SOURCE, OR AMOUNT OF COMPENSATION OF THE
PERSON.

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

3-69.

(A)  SUBJECT TO THE PROVISIONS OF § 3-70, THE COUNTY
ATTORNEY, WHEN REQUESTED IN WRITING BY ANY OFFICER OR
EMPLOYEE OF THE COUNTY, MAY DEFEND ANY CRIMINAL ACTION
INSTITUTED IN THE COURTS OF THIS STATE OR OF THE UNITED
STATES AGAINST THE OFFICER OR EMPLOYEE BY REASON OF ANY ACT
DONE OR OMITTED TO BE DONE WITHOUT MALICE AND IN THE ABSENCE
OF GROSS NEGLIGENCE AND IN THE SCOPE OF HIS EMPLOYMENT.
HOWEVER, IF THE COUNTY ATTORNEY DETERMINES THAT
REPRESENTATION IS APPROPRIATE, SPECIAL COUNSEL SHALL BE
APPOINTED TO APPEAR AND DEFEND THE CRIMINAL ACTION.

(B)  (1) SUBJECT TO THE PROVISIONS OF § 3-70, THE
COUNTY ATTORNEY, WHEN REQUESTED IN WRITING BY ANY OFFICER OR