Ohio § 940.07

§ 940.07.

(A) As used in this section: (1) “ Judgment ” includes a consent judgment. (2) “ Tort action ” means a civil action for damages for injury, death, or loss to person or property,

other than a civil action for damages for a breach of contract or another agreement

between persons. (B) Except as provided in divisions (C) and (D) of this section, the provisions of Chapter

2744. of the Revised Code apply to soil and water conservation districts as political

subdivisions of the state and to their boards of supervisors and other officers, employees,

and agents as employees of political subdivisions of the state. (C)(1) The attorney general, an assistant attorney general, or special counsel appointed

by the attorney general shall defend a soil and water conservation district in any

tort action that is commenced against the district as a political subdivision of the

state under or pursuant to Chapter 2744. of the Revised Code, if a written request

for the legal representation is submitted to the attorney general by the Ohio soil

and water conservation commission.  If a request is so submitted, the prosecuting attorney of the county associated

with the district does not have legal representation duties in connection with the

tort action under section 940.13 of the Revised Code . (2) The attorney general, an assistant attorney general, or special counsel appointed

by the attorney general shall defend a supervisor or other officer, employee, or agent

of a soil and water conservation district in any tort action that is commenced against

that person and based upon an action or omission allegedly associated with that person's

employment or official responsibilities for the district, if both of the following

apply: (a) At the time of the action or omission, the person was not acting manifestly outside

the scope of the person's employment or official responsibilities for the district

or acting with malicious purpose, in bad faith, or in a wanton or reckless manner; (b) A written request for the legal representation is submitted to the attorney general

by the Ohio soil and water conservation commission. (3) If a request for legal representation is submitted to the attorney general pursuant

to division (C)(2) of this section, divisions (A) and (D) of section 2744.07 of the Revised Code do not apply to the soil and water conservation district and the defense of its supervisor

or other officer, employee, or agent. (D)(1) The state shall indemnify and hold harmless a soil and water conservation district

as follows: (a) In the amount of any judgment that is rendered against the district in a tort action

that is commenced under or pursuant to Chapter 2744. of the Revised Code; (b) In the amount of any settlement of a tort action against the district as described

in division (D)(1)(a) of this section, or of a claim for damages for injury, death,

or loss to person or property that could become a basis of a tort action against the

district as described in division (D)(1)(a) of this section. (2) The state shall indemnify and hold harmless a supervisor or other officer, employee,

or agent of a soil and water conservation district as follows: (a) Subject to the limitations specified in division (D)(3) of this section, in the amount

of any judgment that is rendered against that person in a tort action based upon an

action or omission allegedly associated with the person's employment or official responsibilities

for the district; (b) Subject to the limitations specified in division (D)(3) of this section, in the amount

of any settlement of a tort action as described in division (D)(2)(a) of this section

or of any settlement of a claim for damages for injury, death, or loss to person or

property that could become a basis of a tort action as described in division (D)(2)(a)

of this section. (3)(a) The maximum aggregate amount of indemnification paid directly from state funds to

or on behalf of any supervisor or other officer, employee, or agent of a soil and

water conservation district pursuant to divisions (D)(2)(a) and (b) of this section

shall be one million dollars per occurrence, regardless of the number of persons who

suffer injury, death, or loss to person or property as a result of the action or omission

of that person. (b) An indemnification may be made pursuant to division (D)(2)(a) or (b) of this section

only if, at the time of the action or omission, the supervisor or other officer, employee,

or agent of a soil and water conservation district was not acting manifestly outside

the scope of the supervisor's or other officer's, employee's, or agent's employment

or official responsibilities for the district or acting with malicious purpose, in

bad faith, or in a wanton or reckless manner. (c) An indemnification shall not be made pursuant to division (D)(2)(a) or (b) of this

section for any portion of a consent judgment or settlement that is unreasonable or

for any portion of a judgment that represents punitive or exemplary damages. (4) Division (B) of section 2744.07 of the Revised Code does not apply to a soil and water conservation district, or to any of its supervisors

or other officers, employees, or agents, to the extent that division (D) of this section

requires the state to indemnify and hold harmless a supervisor or other officer, employee,

or agent of that district.