{"data":{"id":"us-ky/krs-65.2005","jurisdiction":"us-ky","citation":"KRS 65.2005","heading":"Defense of employee by local government -- Liability of employee.","body":"(1) A local government shall provide for the defense of any employee by an attorney\nchosen by the local government in any action in tort arising out of an act or\nomission occurring within the scope of his employment of which it has been given\nnotice pursuant to subsection (2) of this section. The local government shall pay any\njudgment based thereon or any compromise or settlement of the action except as\nprovided in subsection (3) of this section and except that a local government's\nresponsibility under this se ction to indemnify an employee shall be subject to the\nlimitations contained in KRS 65.2002.\n(2) Upon receiving service of a summons and complaint in any action in tort brought\nagainst him, an employee shall, within ten (10) days of receipt of service, giv e\nwritten notice of such action in tort to the executive authority of the local\ngovernment.\n(3) A local government may refuse to pay a judgment or settlement in any action\nagainst an employee, or if a local government pays any claim or judgment against\nany employee pursuant to subsection (1) of this section, it may recover from such\nemployee the amount of such payment and the costs to defend if:\n(a) The employee acted or failed to act because of fraud, malice, or corruption;\n(b) The action was outside the actual or apparent scope of his employment;\n(c) The employee willfully failed or refused to assist the defense of the cause of\naction, including the failure to give notice to the executive authority of the\nlocal government pursuant to subsection (2) of this section;\n(d) The employee compromised or settled the claim without the approval of the\ngoverning body of the local government; or\n(e) The employee obtained private counsel without the consent of the local\ngovernment, in which case, the local government ma y also refuse to pay any\nlegal fees incurred by the employee.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23371","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:20Z","sha256":"a41ee20ad398dffee909386977f7ef8cf15607f84d4228d8023cde022572949d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.2004","next":"us-ky/krs-65.2006"},"notice":"GroundRules: Original legal text. Not legal advice."}