Sec. 22a-519. Regional water pollution control authorities: Indemnification of officers. Representation of authority by Attorney General. Legal fees of officers.
Sec. 22a-519. Regional water pollution control authorities: Indemnification
of officers. Representation of authority by Attorney General. Legal fees of officers.
(a) The authority shall protect, save harmless and indemnify its directors, officers and
employees from financial loss and expense, including legal fees and costs, if any, arising
out of any claim, demand, suit or judgment by reason of alleged negligence or alleged
deprivation of any person's civil rights or any other act or omission resulting in damage
or injury, if the director, officer or employee is found to have been acting in the discharge
of his duties or within the scope of his office or employment and such act or omission
is not found to have been wanton, reckless, wilful or malicious.
(b) The state through the Attorney General shall provide for the defense of any such
director, officer or employee in any civil action or proceeding in any state or federal
court or alternative dispute resolution proceeding arising out of any alleged act, omission
or deprivation which occurred or is alleged to have occurred while the director, officer
or employee was acting in the discharge of his duties or in the scope of his employment,
except that the state shall not be required to provide for such defense whenever the
Attorney General, based on his investigation of the facts and circumstances of the case,
determines that it would be inappropriate to do so and he so notifies the director, officer
or employee in writing.
(c) Legal fees and costs incurred as a result of the retention by such director, officer
or employee of an attorney to defend his interests in any civil action or proceeding shall
be paid by the state in those cases where (1) the Attorney General has stated in writing
to the director, officer or employee pursuant to this subsection, that the state shall not
provide an attorney to defend the interests of such director, officer or employee and (2)
the director, officer or employee is found to have acted in the discharge of his duties or
within the scope of his employment and not to have acted wantonly, recklessly, wilfully
or maliciously. Such legal fees and costs incurred by such director, officer or employee
shall be paid to such director, officer or employee only after the final disposition of the
suit, claim, demand or alternative dispute resolution proceeding and only in such
amounts as determined by the Attorney General to be reasonable. In determining whether
such amounts are reasonable, the Attorney General may consider whether it was appropriate for a group of directors, officers or employees to be represented by the same
attorney.
(P.A. 95-329, S. 29, 31.)
History: P.A. 95-329, S. 29 effective July 13, 1995.