WILLIAM DONALD SCHAEFER, Governor                   Ch. 165

(2) "COMPENSATION" DOES NOT INCLUDE ACTUAL AND
NECESSARY EXPENSES THAT ARE INCURRED BY A VOLUNTEER IN CONNECTION
WITH THE SERVICES THAT THE VOLUNTEER PERFORMS FOR A COUNTY BOARD
OF EDUCATION AND THAT ARE REIMBURSED.

(3) "COUNTY BOARD EMPLOYEE" MEANS:

(1) (I) Any employee whose compensation is paid in
whole or in part by a county board;

(2) (II) A student teacher; [or]

(3) (III) An elected or appointed member of the
county board; OR

(4) A VOLUNTEER WHO, AT THE REQUEST OF THE COUNTY
BOARD, AND UNDER ITS CONTROL AND DIRECTION, WAS PROVIDING
SERVICES OR PERFORMING DUTIES FOR THE BOARD.

(4) "VOLUNTEER" MEANS AN INDIVIDUAL WHO, AT THE
REQUEST OF THE COUNTY BOARD, AND UNDER ITS CONTROL AND DIRECTION,
PROVIDES SERVICES OR PERFORMS DUTIES FOR THE BOARD WITHOUT
COMPENSATION.

(b)  (1) The county board shall be joined as a party to an
action against a county board employee OR VOLUNTEER that alleges
damages resulting from a tortious act or omission committed by
the employee in the scope of employment OR BY THE VOLUNTEER
WITHIN THE SCOPE OF THE VOLUNTEER'S SERVICES OR DUTIES.

(2)  The issue of whether the county board employee
acted within the scope of employment may be litigated separately.

(3) THE ISSUE OF WHETHER THE VOLUNTEER ACTED WITHIN
THE SCOPE OF THE VOLUNTEER'S SERVICES OR DUTIES 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 § 4-105 of this subtitle, including damages
that exceed the limitation on the county board's liability.

(D) (1) THE PROVISIONS OF THIS SUBSECTION APPLY ONLY TO A
VOLUNTEER.

(2) A VOLUNTEER WHO ACTS WITHIN THE SCOPE OF THE
VOLUNTEER'S SERVICES OR DUTIES IS NOT INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM A TORTIOUS ACT OR OMISSION BEYOND THE
LIMITS OF ANY PERSONAL INSURANCE THE VOLUNTEER MAY HAVE UNLESS:

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