Providing a Legal Defense. Employer will provide a legal defense to a member named as a defendant or respondent in a legal action if member was acting within the scope of member’s office or employment at the time of the incident out of which the action arose as follows: member shall have the right to counsel; however, the Employer shall have the right to determine which attorney will represent the member. If the member objects to the attorney provided by the Employer, the following process for selection of a defense attorney shall prevail: The Commissioner of the Department of Corrections and the Attorney General shall meet with the member and/or a representative of the Association in an effort to select an attorney who shall represent the member. The Attorney General shall make the final decisions; except, if in consultation with the member or his/her representative, the Attorney General determines that, due to an actual or potential conflict of interest, he/she or his/her representative cannot adequately defend both the State and the member, he/she shall select an attorney from outside the Attorney General's office to represent the member; such selection shall be subject to the approval of the member or his/her representative.
Providing a Legal Defense. Employer will provide a legal defense to a member named as a defendant or respondent in a legal action if member was acting within the scope of member’s office or employment at the time of the incident out of which the action arose.
Providing a Legal Defense. The Employer will provide a legal defense to a Bargaining Unit Member named as a defendant or respondent in a legal action if the Bargaining Unit Member was acting within the scope of the Bargaining Unit Member’s office or employment at the time of the incident out of which the action arose as follows: the Bargaining Unit Member shall have the right to counsel; however, the Employer shall have the right to determine which attorney will represent the Bargaining Unit Member. If the Bargaining Unit Member objects to the attorney provided by the Employer, the following process for selection of a defense attorney shall prevail: The Commissioner of the Department of Corrections and the Attorney General shall meet with the Bargaining Unit Member and/or a representative of the Association in an effort to select an attorney who shall represent the Bargaining Unit Member. The Attorney General shall make the final decisions; except, if in consultation with the Bargaining Unit Member or his/her representative, the Attorney General determines that, due to an actual or potential conflict of interest, he/she or his/her representative cannot adequately defend both the Employer and the Bargaining Unit Member, he/she shall select an attorney from outside the Attorney General's Office to represent the Bargaining Unit Member; such selection shall be subject to the approval of the Bargaining Unit Member or his/her representative.
