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65.2005 Defense of employee by local government -- Liability of employee.

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Page 1 of 1 65.2005 Defense of employee by local government -- Liability of employee. (1) A local government shall provide for the defense of any employee by an attorney chosen by the local government in any action in tort arising out of an act or <br>omission occurring within the scope of his employment of which it has been given <br>notice pursuant to subsection (2) of this section. The local government shall pay any <br>judgment based thereon or any compromise or settlement of the action except as <br>provided in subsection (3) of this section and except that a local government's <br>responsibility under this section to indemnify an employee shall be subject to the <br>limitations contained in KRS 65.2002. (2) Upon receiving service of a summons and complaint in any action in tort brought against him, an employee shall, within ten (10) days of receipt of service, give <br>written notice of such action in tort to the executive authority of the local <br>government. (3) A local government may refuse to pay a judgment or settlement in any action against an employee, or if a local government pays any claim or judgment against <br>any employee pursuant to subsection (1) of this section, it may recover from such <br>employee the amount of such payment and the costs to defend if: <br>(a) The employee acted or failed to act because of fraud, malice, or corruption; <br>(b) The action was outside the actual or apparent scope of his employment; <br>(c) The employee willfully failed or refused to assist the defense of the cause of action, including the failure to give notice to the executive authority of the <br>local government pursuant to subsection (2) of this section; (d) The employee compromised or settled the claim without the approval of the governing body of the local government; or (e) The employee obtained private counsel without the consent of the local government, in which case, the local government may also refuse to pay any <br>legal fees incurred by the employee. Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 233, sec. 1, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 224, sec. 20, effective July 15, 1988.