{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-23-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-23-102","heading":"Defense of municipal employees - Procedure for request","body":"and defense.\n\nIf a municipality is to defend a municipal employee in a civil\n\naction or special proceeding as provided for in Section 23-101 of\n\nthis title, the following procedure shall apply:\n\n1. The employee shall make a written request to the governing\n\nbody of the municipality within ten (10) days after service of\n\nsummons on the employee. A copy of the request shall be transmitted\n\nby the employee to his immediate supervisor and to the municipal\n\nattorney or other designated legal counsel;\n\n2. Before any defense is initiated, an inquiry shall be made by\n\nthe municipal governing body of the facts upon which the action or\n\nspecial proceeding is based. Unless the governing body determines\n\nthat the employee was acting in good faith and in the course of his\n\nemployment, representation shall not be provided pursuant to the\n\nprovisions of Section 23-101 of this title;\n\n3. Upon the decision of the municipal governing body to provide\n\nrepresentation for the employee, it shall direct an attorney to\n\nappear and defend the action. Said attorney shall determine the\n\nmethod of preparation and presentation of the defense and shall not\n\nbe held civilly liable for the exercise of such discretion;\n\n4. The employee named in the action may employ private counsel\n\nat his own expense to assist in his defense;\n\n5. It shall be the duty of any municipal law enforcement agency\n\nto provide investigators at the request of the designated attorney\n\nto assist him in implementing the provisions of this section;\n\n6. No findings or reports of the municipal governing body, the\n\ndesignated attorney, or persons making inquiry subject to their\n\ndirection pursuant to the provisions of this section shall be\n\ndiscoverable or admissible as evidence in any such action or special\n\nproceeding, and no reference thereto shall be made in any such trial\n\nor hearing; and\n\n7. Any officer or employee who acts outside the scope of his\n\nofficial authority shall be liable for damages in the same manner as\n\nany private citizen.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0e1aa306fe7ac75237f5d4ac51aabb97472f8e43f57cf921a377700a463e2e5b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-23-101","next":"us-ok/okla.-stat.-tit.-11-11-23-103"},"notice":"GroundRules: Original legal text. Not legal advice."}