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The Vermont Statutes Online



Title

03

:
Executive






Chapter

029

:
CLAIMS AGAINST STATE EMPLOYEES











 

§

1102. Representation of employee: determination by attorney general

(a) A state

employee against whom a civil action is brought for an alleged act or omission

which the employee believes to have arisen within the scope of his official

duties shall notify the attorney general of the action. Unless full legal

representation of the employee's interest is provided under a contract of

insurance the attorney general shall conduct an investigation and shall

determine whether the alleged act or omission occurred within the scope of the

employee's official duties.

(b) If the

attorney general determines that the alleged act or omission occurred within

the scope of the employee's official duties, he shall defend the action on

behalf of the employee, except as provided in subsection (e) of this section.

(c) If the

attorney general finds that the alleged act or omission did not occur within

the scope of the employee's official duties, he shall so notify the employee in

writing. The employee may appeal the determination of the attorney general to

the state labor relations board in accordance with the rules of the board, and

the decision of the state labor relations board shall be final.

(d) During the

period of investigation set forth in subsection (a) of this section or an

appeal as set forth in subsection (c) of this section, the attorney general

shall take all reasonable steps to protect the interests of the employee.

(e) In any case

in which the state is obligated to provide legal representation for a state

employee under this chapter, if the attorney general finds that he cannot

adequately represent the interest of the employee, he shall authorize the

employee to retain legal counsel at state expense. The terms under which

private counsel is retained for a state employee at state expense under this

section must be approved by the attorney general. (Added 1971, No. 190 (Adj.

Sess.), § 1, eff. March 30, 1972; amended 1977, No. 233 (Adj. Sess.), § 2, eff.

April 17, 1978.)