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Session Laws, 1987
Volume 769, Page 2711   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 594

(b)  (1) Except in Anne Arundel County and Baltimore County,
the notice shall be given in person or by certified mail, return
receipt requested, bearing a postmark from the United States
Postal Service, by the claimant or his representative to the
county commissioner, county council, or corporate authorities of
a defendant municipal corporation or:

(i) In Baltimore City, to the city solicitor;

(ii) In Howard County, to the county executive;

(iii) In Montgomery County, to the county
executive; or

(iv) In Prince George's County, to the county
executive.

(2)  In Anne Arundel County and Baltimore County, the
notice shall be given in person or by certified mail, return
receipt requested, bearing a postmark from the United States
Postal Service, by the claimant or his representative to the
county solicitor or county attorney.

(3)  The notice shall be in writing and shall state
the time, place, and cause of the injury.

(c)  Notwithstanding the other provisions of this section,
the court may, upon motion and for good cause shown, entertain
the suit even though the required notice was not given, unless
the defendant can affirmatively show that its defense has been
prejudiced thereby.]

SUBTITLE 4. LOCAL GOVERNMENT TORT CLAIMS ACT

5-401.

(A)  IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)  "ACTUAL MALICE" MEANS ILL WILL , OR IMPROPER
MOTIVATION, OR EVIL PURPOSE.

(C)  (1) "EMPLOYEE" MEANS ANY PERSON WHO WAS EMPLOYED BY A
LOCAL GOVERNMENT AT THE TIME OF THE ACT OR OMISSION GIVING RISE
TO POTENTIAL LIABILITY AGAINST THAT PERSON.

(2) "EMPLOYEE" INCLUDES:

(I)  ANY EMPLOYEE, EITHER WITHIN OR WITHOUT A
CLASSIFIED SERVICE OR MERIT SYSTEM;

(II)  AN APPOINTED OR ELECTED OFFICIAL; OR

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Session Laws, 1987
Volume 769, Page 2711   View pdf image
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