Okla. Stat. tit. 11, § 11-23-102
This is the official text of Okla. Stat. tit. 11, § 11-23-102, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Defense of municipal employees - Procedure for request
Official statutory text
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;
Oklahoma Statutes - Title 11. Cities and Towns Page 207
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.
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;
Oklahoma Statutes - Title 11. Cities and Towns Page 207
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.
Status: in_force · Read it on the official government site
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