HARRY HUGHES. Governor

2817

ESTABLISHED THAT THE DEFENSE OF IMMUNITY IS AVAILABLE TO THE
OFFICER OR EMPLOYEE, THE COUNTY IS LIABLE TO THE OFFICER OR
EMPLOYEE FOR REASONABLE EXPENSES IN PROSECUTING HIS OWN
DEFENSE, INCLUDING COURT COSTS AND ATTORNEYS' FEES. THESE
EXPENSES SHALL BE PAID WITH THE APPROVAL OF THE COUNTY
ATTORNEY BY THE AGENCY, BOARD COMMISSION, OR DEPARTMENT BY
WHICH THE OFFICER OR EMPLOYEE WAS EMPLOYED AT THE TIME THE
ACT OR OMISSION COMPLAINED OF IN THE ACTION OCCURRED. THIS
SECTION IS NOT APPLICABLE IF THE EXPENSES ARE REIMBURSED TO
THE OFFICER OR EMPLOYEE PURSUANT TO THE PROVISIONS OF § 3-75
OF THIS ARTICLE. THE DECISION OF THE COUNTY ATTORNEY NOT TO
DEFEND AN OFFICER OR EMPLOYEE IS NOT ADMISSIBLE AS EVIDENCE
IN ANY LEGAL ACTION OR SPECIAL PROCEEDING AND NO REFERENCE
THERETO MAY BE MADE IN ANY TRIAL OR HEARING. IN ANY ACTION
OR PROCEEDING AGAINST AN OFFICER OR EMPLOYEE THAT RESULTS IN
A FINAL JUDGMENT OR OTHER DISPOSITION, THE COURT OR JURY
SHALL RETURN A SPECIAL VERDICT IN THE FORM OF WRITTEN
FINDINGS WHICH DETERMINE (1 IF THE OFFICER OR EMPLOYEE WAS
ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT; (2) IF THE
ALLEGED ACT OR OMISSION BY THE OFFICER OR EMPLOYEE WAS
MALICIOUS OR GROSSLY NEGLIGENT; (3) IF THE DEFENSE OF
IMMUNITY IS AVAILABLE TO THE OFFICER OR EMPLOYEE.

3-72.

ANY AND ALL INFORMATION OBTAINED BY THE COUNTY ATTORNEY
BY VIRTUE OF THE PROVISIONS OF §§ 3-69 THROUGH 3-76, SHALL
BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE ADMISSIBLE AS
EVIDENCE IN ANY LEGAL ACTION OR SPECIAL PROCEEDING, AND NO
REFERENCE THERETO MAY BE MADE IN ANY TRIAL OR HEARING.

3-73.

THE COUNTY ATTORNEY MAY EMPLOY SPECIAL COUNSEL WHOSE
COMPENSATION SHALL BE FIXED BY THE COUNTY ATTORNEY AND
APPROVED BY THE COUNTY COMMISSIONERS, IF HE DETERMINES THAT
IT IS IMPRACTICABLE OR UNECONOMICAL FOR SUCH LEGAL SERVICE
TO BE RENDERED BY HIM OR ONE OF HIS ASSISTANTS.

THE COMPENSATION FOR SPECIAL COUNSEL SHALL BE PAID  OUT

OF THE FUNDS APPROPRIATED FOR THE ADMINISTRATION OF    THE

AGENCY, BOARD, COMMISSION, OR DEPARTMENT EMPLOYING THE
OFFICERS AND EMPLOYEES DEFENDED.

3-74.

THE COUNTY ATTORNEY, PRIOR TO THE DEFENSE OF AN OFFICER
OR EMPLOYEE, SHALL REQUIRE THE OFFICER OR EMPLOYEE TO ENTER
INTO AN AGREEMENT WHICH PROVIDES, AMONG OTHER THINGS:

(1) THE COUNTY ATTORNEY, IF HE DETERMINES IT
APPROPRIATE, MAY REQUIRE THE OFFICER OR EMPLOYEE TO
REIMBURSE THE COUNTY FOR ALL EXPENSES, INCLUDING COURT COSTS
AND REASONABLE ATTORNEYS' FEES, IF IT IS JUDICIALLY
DETERMINED THAT THE INJURIES COMPLAINED OF DID NOT ARISE OUT
OF AN ACT OR OMISSION OF THE OFFICER OR EMPLOYEE OCCURRING
DURING THE PERFORMANCE OF HIS DUTIES AND WITHIN THE SCOPE OF