Oklahoma § 19-215.25 - County officer or employee - Legal defense services

§ 19-215.25. County officer or employee - Legal defense services

A. Except as otherwise provided in this section, in the event

an action is brought against a county employee in any civil action

or special proceeding in the courts of this state or of the United

States by reason of any act done or omitted in good faith in the

Oklahoma Statutes - Title 19. Counties and County Officers

course of employment, it is the duty of the district attorney for

that county, when requested in writing by the employee, to appear

and defend the action or proceeding in his behalf. Such written

request shall be made within fifteen (15) days after service of

summons on the employee and a copy of the request shall be

transmitted by the employee to his immediate supervisor and the

district attorney.

B. The district attorney shall not represent a county employee

if that employee did not perform a statutorily required duty and

such duty is a basis of the civil action or special proceeding.

C. The district attorney may intervene in any such action or

proceeding and appear on behalf of any county within his district,

or any of its officers or employees, where he deems the state to

have an interest in the subject matter of the litigation.

D. The district attorney shall determine the method of

preparation and presentation of such defense. The district attorney

or other legal officer under his direction shall not be held civilly

liable for the exercise of such discretion.

E. The employee named in the action may employ private counsel

at his own expense to assist in his defense.

F. Any officer or employee who acts outside of the scope of his

official authority shall be liable in damages in the same manner as

any private citizen.

G. The district attorney's duty to represent county officers

and employees pursuant to this section shall be fulfilled if a

contract for such representation is entered into pursuant to

subsection B of Section 215.37M of this title.

H. In any proceeding in which a county officer brings an action

against another county officer, the district attorney shall not

represent either county officer in the action.

Added by Laws 1976, c. 208, § 4, operative July 1, 1976. Amended by

Laws 1992, c. 316, § 60, eff. July 1, 1992; Laws 1992, c. 327, § 10,

eff. July 1, 1992; Laws 2003, c. 474, § 1, eff. Nov. 1, 2003.