Common use of DCFS Clause in Contracts

DCFS. in its sole discretion, determines that the employee acted properly, and within the scope of his/her employment. DCFS shall employ an attorney of its choice to appear and defend the employee, and shall pay the employee's court costs and attorney's fees; DCFS shall not pay any fines or other penalties that are assessed against the employee. The employee shall be required to cooperate with the Department during the course of any litigation of any claim arising under this provision, and the representation provided shall be conditioned upon such cooperation. If DCFS does not provide representation to an employee subject to a Rule to Show Cause why he/she should not be held in civil contempt and a court or jury subsequently finds that the act or omission of the State employee was within the scope of employment and was not intentional, willful or wanton misconduct, or the case is dismissed the employee's court costs, litigation expenses and attorneys' fees shall be reimbursed pursuant to Section 2(b) of the State Employee Indemnification Act, to the extent allowable thereunder, unless an employee’s suspension or discharge for the same act which gave rise to the contempt proceedings is subsequently sustained. If DCFS does not provide representation to an employee subject to a Rule to Show Cause why he/she should not be held in criminal contempt and a court or jury subsequently finds the employee not guilty and finds that the act or omission of the State employee was within the scope of employment and was not intentional, willful or wanton misconduct, or the case is dismissed DCFS shall reimburse the employee's court costs, litigation expenses and attorneys' fees to the extent approved by DCFS as reasonable, and to the extent such costs are not otherwise reimbursable pursuant to the State Employee Indemnification Act, unless an employee’s suspension or discharge for the same act which gave rise to the contempt proceedings is subsequently sustained.

DCFS. in its sole discretion, determines that the employee acted properly, and within the scope of his/her employment. DCFS shall employ an attorney of its choice to appear and defend the employee, and shall pay the employee's court costs and attorney's fees; DCFS shall not pay any fines or other penalties that are assessed against the employee. The employee shall be required to cooperate with the Department during the course of any litigation of any claim arising under this provision, and the representation provided shall be conditioned upon such cooperation. If DCFS does not provide representation to an employee subject to a Rule to Show Cause why he/she should not be held in civil contempt and a court or jury subsequently finds that the act or omission of the State employee was within the scope of employment and was not intentional, willful or wanton misconduct, or the case is dismissed the employee's court costs, litigation expenses and attorneys' fees shall be reimbursed pursuant to Section 2(b) of the State Employee Indemnification Act, to the extent allowable thereunder, unless an employee’s suspension or discharge for the same act which gave rise to the contempt proceedings is subsequently sustained. If DCFS does not provide representation to an employee subject to a Rule to Show Cause why he/she should not be held in criminal contempt and a court or jury subsequently finds the employee not guilty and finds that the act or omission of the State employee was within the scope of employment and was not intentional, willful or wanton misconduct, or the case is dismissed DCFS shall reimburse the employee's court costs, litigation expenses and attorneys' fees to the extent approved by DCFS as reasonable, and to the extent such costs are not otherwise reimbursable pursuant to the State Employee Indemnification Act, unless an employee’s suspension or discharge for the same act which gave rise to the contempt proceedings is subsequently sustained.