HARRY HUGHES, Governor

1841

are discharging in some degree a portion of the purpose and
sovereignty of the State.

(3)  Recent court decisions throughout the
country have created new grounds of personal liability of
public officers and employees accruing from the discharge of
their public duties. As a result it is becoming
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 State 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 State officer or employee for his actions shall
remain unaffected by the provisions of this section.

(b) (1) The Board of Public Works may grant from the
general emergency fund, or from funds provided therefor by
the Governor in the budget bill, or from funds appropriated
therefor to the State Insurance Trust Fund, a sum to satisfy
all or part of any settlement or any judgment rendered by a
court of competent jurisdiction against a State officer or
State employee. The grant may include attorney's fees, or
costs, or both.

(2)  The Board may pay the grant in lump sum or
in installments.

(3)  The Board may make the grant only (i) upon
written application to the Board specifying the applicant's
reasons for believing the judgment to be a State
responsibility; (ii) upon a hearing before the Board or a
hearing officer appointed by it; (iii) after a written
report is received from the attorney general, if the
applicant is a State officer or employee for purposes of
Article 32A and a defense was provided to the officer or
employee pursuant to the provisions of Article 32A of the
Code; and (iv) after a written opinion has been filed by the
Board assigning its reasons for the grant or denial.

(4)  As a condition to the payment of the grant,
the Board shall find that the act or omission of the State
officer or State 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
Board.