Okla. Stat. tit. 19, § 19-215.25: County officer or employee - Legal defense services
Where this section sits in the code
- OK Code
- Title 19
A. Except as otherwise provided in this section, in the event
an action is brought against a county employee in any civil action
or special proceeding in the courts of this state or of the United
States by reason of any act done or omitted in good faith in the
course of employment, it is the duty of the district attorney for
that county, when requested in writing by the employee, to appear
and defend the action or proceeding in his behalf. Such written
request shall be made within fifteen (15) days after service of
summons on the employee and a copy of the request shall be
transmitted by the employee to his immediate supervisor and the
district attorney.
B. The district attorney shall not represent a county employee
if that employee did not perform a statutorily required duty and
such duty is a basis of the civil action or special proceeding.
C. The district attorney may intervene in any such action or
proceeding and appear on behalf of any county within his district,
or any of its officers or employees, where he deems the state to
have an interest in the subject matter of the litigation.
D. The district attorney shall determine the method of
preparation and presentation of such defense. The district attorney
or other legal officer under his direction shall not be held civilly
liable for the exercise of such discretion.
E. The employee named in the action may employ private counsel
at his own expense to assist in his defense.
F. Any officer or employee who acts outside of the scope of his
official authority shall be liable in damages in the same manner as
any private citizen.
G. The district attorney's duty to represent county officers
and employees pursuant to this section shall be fulfilled if a
contract for such representation is entered into pursuant to
subsection B of Section 215.37M of this title.
H. In any proceeding in which a county officer brings an action
against another county officer, the district attorney shall not
represent either county officer in the action.
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