Section 39.4. Employe responsibility

(a) The Commonwealth will not provide a defense to an official or employe whose failure to notify the Commonwealth promptly of a suit or prosecution brought against him has jeopardized the defense of the case, and the Commonwealth will not indemnify the defendant for the expense of a judgment under these circumstances.

(b) If the Commonwealth provides a defense to an official or employe, the employe shall cooperate fully in the defense of the case.

(c) To the extent the Commonwealth is indemnifying the employe, the employe is deemed to authorize the Commonwealth to settle the case as it deems appropriate and is deemed to authorize the Commonwealth to make other legal and strategic decisions relating to defense of the case as it deems appropriate.

The provisions of this § 39.4 amended March 8, 1996, effective March 9, 1996, 26 Pa.B. 993. Immediately preceding text appears at serial page (193848).

Notation

Notes of Decisions

Executive Board regulations do create a conditional entitlement in State employes to reimbursement for counsel fees. Burroughs v. Zimmerman, 503 A.2d 1014 (Pa. Cmwlth. 1986).

Cross References

This section cited in 4 Pa. Code § 39.13 (relating to civil cases).