§ 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 or her 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 or she 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 or she 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 or she cannot adequately represent the interest of the employee, he or she 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.)