HARRY HUGHES, Governor                                     3071

Section 4-105.1

Annotated Code of Maryland

(1978 Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Education

4-105.1.

(A)  IN THIS SECTION "COUNTY BOARD EMPLOYEE" MEANS:

(1)  ANY EMPLOYEE WHOSE COMPENSATION IS PAID IN WHOLE
OR IN PART BY A COUNTY BOARD;

(2)  A STUDENT TEACHER; OR

(3) A VOLUNTEER FOR A COUNTY BOARD OR FOR A SCHOOL
UNDER THE COUNTY BOARD'S CONTROL; OR

(4) (3) AN ELECTED OR APPOINTED MEMBER OF THE
COUNTY BOARD.

(B)  (1) THE COUNTY BOARD SHALL BE JOINED AS A PARTY TO AN
ACTION AGAINST A COUNTY BOARD EMPLOYEE THAT ALLEGES DAMAGES
RESULTING FROM A TORTIOUS ACT OR OMISSION COMMITTED BY THE
EMPLOYEE IN THE SCOPE OF EMPLOYMENT.

(2) THE ISSUE OF WHETHER THE COUNTY BOARD EMPLOYEE
ACTED WITHIN THE SCOPE OF EMPLOYMENT MAY BE LITIGATED SEPARATELY.

(C)  (1) A COUNTY BOARD EMPLOYEE ACTING WITHIN THE SCOPE OF
EMPLOYMENT, WITHOUT MALICE AND GROSS NEGLIGENCE, IS NOT
INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM A TORTIOUS ACT OR
OMISSION FOR WHICH A LIMITATION OF LIABILITY IS PROVIDED FOR THE
COUNTY BOARD UNDER SECTION 4-105 OF THIS ARTICLE SUBTITLE,
INCLUDING DAMAGES THAT EXCEED THE LIMITATION ON THE COUNTY
BOARD'S LIABILITY.

(2) A JUDGMENT IN TORT FOR DAMAGES AGAINST A COUNTY
BOARD EMPLOYEE ACTING WITHIN THE SCOPE OF EMPLOYMENT SHALL BE
LEVIED AGAINST THE COUNTY BOARD ONLY, AND MAY NOT BE EXECUTED
AGAINST COUNTY BOARD EMPLOYEES INDIVIDUALLY.

(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE THE
SOVEREIGN IMMUNITY OF THE COUNTY BOARD ABOVE $100,000 THAT MAY BE
RAISED UNDER SECTION 4-105(D)(l) OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.