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Ch. 601
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2000 LAWS OF MARYLAND
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the County Attorney by the officer or employee was complete and was neither false
nor misleading. These costs constitute a debt due to the County and may be collected
by appropriate judicial proceedings.
(2) That, if a judgment is rendered against the officer or employee, the
County, its agency, board, commission, or department thereof, is not responsible for
the payment of the judgment, and the legal representation by the County Attorney,
[his] THE COUNTY ATTORNEYS assistants, or special counsel of an officer or
employee in no manner constitutes an obligation on the part of the County to pay the
judgment or a settlement of a claim, but that the officer or employee may make
written application to the County Commissioners.
(3) That the County Attorney may not compromise or settle any claim
without the written consent of the officer or employee. If the officer or employee does
not consent to the compromise or settlement, the County Attorney may withdraw
from the representation subject to the appropriate rules of court; and in that event
the County is not responsible for any further costs [whatsoever].
[3-75.] 3-809. Same; judgment.
In an action or proceeding against an officer or employee, if a judgment is
rendered in favor of the officer or employee, and if the court finds that the action or
proceeding was instituted in (1) bad faith or (2) without substantial justification, the
court shall require the moving party to pay the County or the officer or employee, as
the case may be, the amount of the cost [thereof] OF THE ACTION OR PROCEEDING
and the reasonable expenses incurred, including reasonable attorneys' fees. The Court
shall require the moving party to pay the costs and expenses directly to the County or
to its appropriate agency, board, commission, or department thereof, if prior payment
of costs and expenses to the officer or employee has been made pursuant to the
provisions of [§ 3-71 of this Article] § 3-805 OF THIS SUBTITLE.
[3-76.] 3-810. Same; immunity.
The consent of the County Attorney to defend actions or proceedings against
County Officers and employees may not be construed to deprive any agency, board,
commission, department, officer, or institution, or any employee thereof, of its
immunity as it existed prior to July 1, 1980.
[3-77.] 3-811. Penalties.
(a) The County Commissioners may provide that a violation of any ordinance,
resolution, rule, regulation, or bylaw adopted by it is:
(1) A misdemeanor punishable by a fine not to exceed [One Thousand
Dollars ($1,000.00)] $1,000 or imprisonment not to exceed 6 months in the Carroll
County Detention Center; or
(2) A civil infraction punishable by a penalty not to exceed [One
Thousand Dollars ($1,000.00)] $1,000.
(b) The County Commissioners may provide for the administering of the
issuance of citations for civil infractions.
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- 3136 -
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