The Vermont Statutes Online
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.)