2816

LAWS OF MARYLAND

Ch. 811

EMPLOYEE OF THE COUNTY, SHALL APPEAR AND DEFEND ANY CIVIL
ACTION OR SPECIAL PROCEEDING INSTITUTED IN THE COURTS OF
THIS STATE OR OF THE UNITED STAGES 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. THE DEFENSE MAY BE RENDERED BY
THE COUNTY ATTORNEY, BY AN ASSISTANT, BY ANY SPECIAL COUNSEL
WHEN DIRECTED TO DO SO BY THE COUNTY ATTORNEY, OR BY PRIVATE
COUNSEL RETAINED BY THE COUNTY ATTORNEY. THE DEFENSE OF THE
CASE SHALL INCLUDE THE RIGHT TO ASSERT COUNTERCLAIMS AND TO
ENGAGE IN THIRD PARTY PRACTICE ON BEHALF OF THE OFFICER OR
EMPLOYEE.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
(1), THE COUNTY ATTORNEY MAY DECLINE TO REPRESENT AN OFFICER
OR EMPLOYEE WHO RETAINS PRIVATE COUNSEL.

(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
DEPRIVE ANY OFFICER OR EMPLOYEE OF THE RIGHT TO SELECT
COUNSEL OF HIS OWN CHOICE AT HIS OWN EXPENSE, NOR DOES THIS
SECTION PREVENT THE COUNTY ATTORNEY FROM ENTERING HIS
APPEARANCE IN A CASE TO PROTECT THE INTERESTS OF THE COUNTY
EVEN THOUGH NO REQUEST FOR SUCH APPEARANCE HAS BEEN
FORTHCOMING FROM THE OFFICES OR EMPLOYEE NAMED AS A
DEFENDANT.

3-70.

THE COUNTY ATTORNEY, PRIOR TO UNDERTAKING ANY DEFENSE,
SHALL CONDUCT AN INVESTIGATION OF THE FACTS ON WHICH THE
ACTION OR SPECIAL PROCEEDING IS BASED. IF THE COUNTY
ATTORNEY DETERMINES THAT THE OFFICER OR EMPLOYEE WAS NOT
ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT OR THAT THE ACT OR
OMISSION WAS MALICIOUS OR GROSSLY NEGLIGENT, THE
INVESTIGATION SHALL PROCEED NO FURTHER, AND NO DEFENSE MAY
BE PROVIDED FOR THE OFFICER OR EMPLOYEE PURSUANT TO THIS
SECTION AND § 3-69. THE INVESTIGATION HEREIN REQUIRED MAY
BE ACCOMPLISHED BY THE COUNTY ATTORNEY, ANY ASSISTANT, OR BY
ANY OTHER ATTORNEY OR PERSON WHEN DIRECTED TO DO SO BY THE
COUNTY ATTORNEY. IF IT APPEARS THAT THE OFFICER OR EMPLOYEE
IS COVERED BY A POLICY OF INSURANCE UNDER THE TERMS OF WHICH
THE CARRIER IS REQUIRED TO PROVIDE COUNSEL IN THESE ACTIONS
OR SPECIAL PROCEEDINGS, THE COUNTY ATTORNEY MAY TERMINATE
FURTHER INVESTIGATION AND PROVIDE NO REPRESENTATION FOR THE
OFFICER OR EMPLOYEE. SUBJECT TO THE PROVISIONS OF THIS
SECTION AND SECTION 3-69, THE COUNTY ATTORNEY HAS SOLE
DISCRETION TO ASSUME THE DEFENSE OF ANY OFFICER OR EMPLOYEE.

3-71.

IF THE COUNTY ATTORNEY DETERMINES, PURSUANT TO § 3-70,
NOT TO ASSUME THE DEFENSE OF A COUNTY OFFICER OR EMPLOYEE,
AND IT IS JUDICIALLY DETERMINED THAT THE INJURIES AROSE OUT
OF AN ACT OR OMISSION OF THE OFFICER OR EMPLOYEE DURING THE
PERFORMANCE OF HIS DUTIES AND WITHIN THE SCOPE OF HIS
EMPLOYMENT AND THAT THE ACT OR OMISSION OF THE OFFICER OR
EMPLOYEE WAS NOT MALICIOUS, OR GROSSLY NEGLIGENT, OR IT IS