Defense of Employees a. Except as provided in paragraph 2 below, the Attorney General shall, upon the request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee.
b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies:
i. the act or omission was not within the scope of employment;
ii. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or
iii. the defense of an action or proceeding by the Attorney General would create a conflict of interest between the State and the employee.
c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State.
d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State.
e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s defense.
f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s right under any appropriate insurance policy, which requires the insurer to provide the defense.
Defense of Employees a. Except as provided in paragraph 2. below, the Attorney General shall, upon a request of an employee provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General's duty to defend shall extend to a cross- action, counterclaim or cross-complaint against an employee.
b. The Attorney General may refuse to provide for the defense of an action referred to in paragraph 1. above if he determines that:
1. the act or omission was not within the scope of employment; or
2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or
3. The defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee.
c. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State.
d. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General's defense.
e. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State's right under any appropriate insurance policy which requires the insurer to provide the defense.
Defense of Employees a. Except as provided in paragraph 2. below, the Attorney General shall, upon a request of an employee provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General's duty to defend shall extend to a cross- action, counterclaim or cross-complaint against an employee.
b. The Attorney General may refuse to provide for the defense of an action referred to in paragraph 1. above if he determines that:
1. the act or omission was not within the scope of employment; or
Defense of Employees. The City shall be liable for the defense and payment of all judgments and settlements of claims against Fire Fighters arising out of injuries sustained from an act or omission of such Fire Fighter occurring during the performance of their duties and within the scope of their employment, except where such act or omission is willful or wanton, in accordance with the laws of the State of Colorado.
Defense of Employees. A. The City acknowledges its legal responsibility to provide its employees with a defense and indemnification against any tort claim, demand, or action prescribed by law.
B. If an employee is issued a traffic infraction by anyone who is not a police officer, which the employee believes to be in retaliation for the employee’s action(s) as a police officer, the employee may request that the City implement the following steps:
1. The City will request the City Attorney’s office to initiate an investigation to determine if there is probable cause to believe the infraction was committed.
2. The City will investigate the employee’s allegations that the referenced action is retaliatory.
3. If there is no probable cause to believe the infraction was committed and if there is cause to believe the citation was retaliatory, the City will provide the employee with counsel for defense of any such citation.
C. The City further agrees to compensate for, or provide members of the bargaining unit the same PORAC Legal Defense Insurance plan which they maintained at their expense immediately prior to the ratification of this Agreement.
Defense of Employees. Student Discipline
Defense of Employees. The HACM recognizes the need and value in providing a supportive relationship for employees. The HACM shall defend employees who are subjected to slanderous or libelous statements or who are unjustly accused of misconduct when properly engaged in the course and scope of their assigned duties.
Defense of Employees. Whenever an employee covered by this Agreement is a defendant in any action or legal proceeding arising out of or incidental to the performance of the employee's duties, the Township of Sparta shall provide said employee with the necessary means for the defense of such action or proceeding, but not for the employee's defense in a criminal or disciplinary proceeding instituted as a result of a complaint on behalf of the Township of Sparta. If any such disciplinary or criminal proceeding instituted by or on behalf of the Township of Sparta shall be dismissed or finally determined in favor of the employee, the employee shall be reimbursed for the expense of the employee's defense in accordance with the Township's legal defense policy and provisions of law.
Defense of Employees a. Except as provided in paragraph 2. below, the Attorney General shall, upon request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his/her employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross- complaint against an employee.
b. The Attorney General may refuse to provide for the defense of an action referred to in paragraph 1. above if he/she determines that:
1. the act or omission was not within the scope of employment; or
2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or
3. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee.
c. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he/she concludes that representation is in the best interest of the State.
