WILLIAM DONALD SCHAEFER, Governor

Ch. 506

PAY for reasonable counsel fees that the officer or employee
incurred:

(1)   in connection with a criminal investigation into
conduct as an officer or employee if the investigation has
concluded and criminal charges have not been filed against the
officer or employee; or

(2)   in defending against criminal charges that
related to conduct as an officer or employee if final disposition
of all of the charges does not result in a plea of nolo
contendere, a guilty plea, or a finding of guilt.

12-315.

(a)  The Board of Public Works may not provide reimbursement
OR PAYMENT under this Part III of this subtitle unless:

(1)  the State officer or State employee submits to
the Board a written application for reimbursement; and

(2)   the Attorney General certifies that:

(i) the applicant retained counsel;

(ii) the applicant gave the Attorney General
written notice promptly after counsel was retained; and

(iii) after review of the evidence and other
information, the Attorney General or a designee appointed under
this section made the following determinations:

1.   in connection with the matter under
criminal investigation, the applicant discharged the public
responsibilities in good faith, did not engage in unlawful
conduct, and was reasonable in retaining counsel and incurring
the counsel fees for which reimbursement is sought; or

2.  in connection with the matter that was
the subject of criminal charges, the applicant discharged the
public responsibilities in good faith and incurred reasonable
counsel fees.

(b)  Notwithstanding subsection (a)(2)(ii) of this section,
the Board of Public Works may [provide] APPROVE reimbursement to
an applicant who fails to give the Attorney General notice
promptly after counsel is retained if the Board determines that
the failure is for good cause.

(c)   If the Attorney General believes that it would be
inappropriate for the Attorney General to make the determinations
under subsection (a)(2)(iii) of this section, the Attorney

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