2818

LAWS OF MARYLAND

Ch. 811

HIS EMPLOYMENT OR THAT THE ACT OR OMISSION OF THE OFFICER OR
EMPLOYEE WAS MALICIOUS OR GROSSLY NEGLIGENT, AND THE DEFENSE
OF IMMUNITY AS TO THE OFFICER OR EMPLOYEE IS NOT AVAILABLE;
BUT SUCH REIMBURSEMENT MAY NOT BE REQUIRED IF THE
INFORMATION PROVIDED TO THE COUNTY ATTORNEY BY THE OFFICER
OR EMPLOYEE WAS COMPLETE AND WAS NEITHER FALSE NOR
MISLEADING. THESE COSTS CONSTITUTE A DEBT DUE TO THE COUNTY
AND MAY BE COLLECTED BY APPROPRIATE JUDICIAL PROCEEDINGS.

(2)  THAT, IF A JUDGMENT IS RENDERED AGAINST THE
OFFICER OR EMPLOYEE, THE COUNTY, ITS AGENCY, BOARD,
COMMISSION, OR DEPARTMENT THEREOF, IS NOT RESPONSIBLE FOR
THE PAYMENT OF THE JUDGMENT, AND THE LEGAL REPRESENTATION BY
THE COUNTY ATTORNEY, HIS ASSISTANTS, OR SPECIAL COUNSEL OF
AN OFFICER OR EMPLOYEE IN NO MANNER CONSTITUTES AN
OBLIGATION ON THE PART OF THE COUNTY TO PAY THE JUDGMENT OR
A SETTLEMENT OF A CLAIM , BUT THAT THE OFFICER OR EMPLOYEE
MAY MAKE WRITTEN APPLICATION TO THE COUNTY COMMISSIONERS.

(3)  THAT THE COUNTY ATTORNEY MAY NOT COMPROMISE
OR SETTLE ANY CLAIM WITHOUT THE WRITTEN CONSENT OF THE
OFFICER OR EMPLOYEE. IF THE OFFICER OR EMPLOYEE DOES NOT
CONSENT TO THE COMPROMISE OR SETTLEMENT, THE COUNTY ATTORNEY
MAY WITHDRAW FROM THE REPRESENTATION SUBJECT TO THE
APPROPRIATE RULES OF COURT; AND IN THAT EVENT THE COUNTY IS
NOT RESPONSIBLE FOR ANY FURTHER COSTS WHATSOEVER.

3-75.

IN AN ACTION OR PROCEEDING AGAINST AN OFFICER OR
EMPLOYEE, IF A JUDGMENT IS RENDERED IN FAVOR OF THE OFFICER
OR EMPLOYEE, AND IF THE COURT FINDS THAT THE ACTION OR
PROCEEDING WAS INSTITUTED IN (1) BAD FAITH OR (2) WITHOUT
SUBSTANTIAL JUSTIFICATION, THE COURT SHALL REQUIRE THE
MOVING PARTY TO PAY THE COUNTY OR THE OFFICER OR EMPLOYEE,
AS THE CASE MAY BE, THE AMOUNT OF THE COST THEREOF AND THE
REASONABLE EXPENSES INCURRED, INCLUDING REASONABLE
ATTORNEYS' FEES. THE COURT SHALL REQUIRE THE MOVING PARTY
TO PAY THE COST AND EXPENSES DIRECTLY TO THE COUNTY OR TO
ITS APPROPRIATE AGENCY, BOARD, COMMISSION, OR DEPARTMENT
THEREOF, IF PRIOR PAYMENT OF COSTS AND EXPENSES TO THE
OFFICER OR EMPLOYEE HAS BEEN MADE PURSUANT TO THE PROVISIONS
OF § 3-71 OF THIS ARTICLE.

3-76.

THE CONSENT OF THE COUNTY ATTORNEY TO DEFEND ACTIONS OR
PROCEEDINGS AGAINST COUNTY OFFICERS AND EMPLOYEES MAY NOT BE
CONSTRUED TO DEPRIVE ANY AGENCY, BOARD, COMMISSION,
DEPARTMENT, OFFICER, OR INSTITUTION, OR ANY EMPLOYEE
THEREOF, OF ITS IMMUNITY AS IT EXISTED PRIOR TO JULY 1,
1980.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall be construed only prospectively and pay not be applied
or interpreted to have any effect upon or application to any