Section 5-302 - Nature and extent of legal representation. - Maryland Statutes

§ 5-302. Nature and extent of legal representation.
 

(a)  Government to provide legal defense to employees.- Each local government shall provide for its employees a legal defense in any action that alleges damages resulting from tortious acts or omissions committed by an employee within the scope of employment with the local government. 

(b)  Immunity; exceptions.-  

(1) Except as provided in paragraph (2) of this subsection, a person may not execute against an employee on a judgment rendered for tortious acts or omissions committed by the employee within the scope of employment with a local government. 

(2) (i) An employee shall be fully liable for all damages awarded in an action in which it is found that the employee acted with actual malice. 

(ii) In such circumstances the judgment may be executed against the employee and the local government may seek indemnification for any sums it is required to pay under § 5-303(b)(1) of this subtitle. 

(c)  Effect of Workers' Compensation Act.- If the injury sustained is compensable under the Maryland Workers' Compensation Act, an employee may not sue a fellow employee for tortious acts or omissions committed within the scope of employment. 

(d)  Cooperation by employee.-  

(1) The rights and immunities granted to an employee are contingent on the employee's cooperation in the defense of any action. 

(2) If the employee does not cooperate, the employee forfeits any and all rights and immunities accruing to the employee under subsection (b) of this section. 
 

[1987, ch. 594; 1988, ch. 6, § 1; 1991, ch. 21, § 3; 1997, ch. 14, §§ 9, 20.]