20. The agency shall assume the defence of any member of the personnel of the agency prosecuted by a third person for an act done in the exercise of the personnel member’s functions and shall pay the damages, if any, occasioned by that act, unless the personnel member has committed a gross fault or a personal fault separable from the exercise of the personnel member’s functions.
Notwithstanding the foregoing, in a penal or criminal proceeding, the agency shall assume the payment of the expenses of a member of the personnel of the agency only if the personnel member had reasonable grounds to believe that the personnel member’s conduct was in conformity with the law or if the personnel member has been discharged or acquitted.
1998, c. 17, s. 20; 2006, c. 59, s. 76.