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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 11, § 11-23-102: Defense of municipal employees - Procedure for request

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  1. OK Code
  2. Title 11

and defense.

If a municipality is to defend a municipal employee in a civil

action or special proceeding as provided for in Section 23-101 of

this title, the following procedure shall apply:

1. The employee shall make a written request to the governing

body of the municipality within ten (10) days after service of

summons on the employee. A copy of the request shall be transmitted

by the employee to his immediate supervisor and to the municipal

attorney or other designated legal counsel;

2. Before any defense is initiated, an inquiry shall be made by

the municipal governing body of the facts upon which the action or

special proceeding is based. Unless the governing body determines

that the employee was acting in good faith and in the course of his

employment, representation shall not be provided pursuant to the

provisions of Section 23-101 of this title;

3. Upon the decision of the municipal governing body to provide

representation for the employee, it shall direct an attorney to

appear and defend the action. Said attorney shall determine the

method of preparation and presentation of the defense and shall not

be held civilly liable for the exercise of such discretion;

4. The employee named in the action may employ private counsel

at his own expense to assist in his defense;

5. It shall be the duty of any municipal law enforcement agency

to provide investigators at the request of the designated attorney

to assist him in implementing the provisions of this section;

6. No findings or reports of the municipal governing body, the

designated attorney, or persons making inquiry subject to their

direction pursuant to the provisions of this section shall be

discoverable or admissible as evidence in any such action or special

proceeding, and no reference thereto shall be made in any such trial

or hearing; and

7. Any officer or employee who acts outside the scope of his

official authority shall be liable for damages in the same manner as

any private citizen.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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