Code of Massachusetts Regulations
515 CMR - DEPARTMENT OF STATE POLICE
Title 515 CMR 4.00 - Indemnification for Certain Legal Fees
Section 4.02 - Procedures and Standards

Universal Citation: 515 MA Code of Regs 515.4

Current through Register 1531, September 27, 2024

(1) The public safety employee shall give written notification to his or her employer, at the outset, that he or she has been sued and intends to retain private counsel.

(2) No claim for indemnification of private legal fees and costs shall be approved unless the employer agency has determined that those fees and costs are reasonable and necessary.

(3) Maximum hourly rates for private defense attorneys shall be set at the standard hourly rates which the Attorney General pays to Special Assistant Attorneys General.

(4) No settlement of the underlying tort or civil rights litigation shall be entered into without the employer agency's prior written approval.

(5) As a general rule, the payment of private legal fees and litigation costs shall be made only at the conclusion of the underlying tort or civil rights litigation, at which time the appropriateness of indemnification can be determined. However, an exception to 515 CMR 4.02(5) may be made where delay has occurred in disposing of the underlying case. In such case, the public safety employee may request in writing that the employer pay his or her interim legal fees prior to final disposition of that case.

(a) When making such a request the public safety employee shall agree in writing to reimburse the public employer for all interim legal fees which are disbursed on behalf of the employee during the course of the litigation if, after final disposition of the underlying action, the employer determines that indemnification is inappropriate because it finds that the employee acted beyond the scope of his or her official duties, or in a willful, wanton or malicious manner.

(b) The decision to pay interim legal fees shall be discretionary with the employer. Requests shall be considered on a case-by-case basis, but shall not be denied unreasonably. Special consideration will be given to cases more than 18 months old and to cases on appeal after final judgment in the trial court.

(6) If the public employer in its discretion deems interim legal fees and costs to be appropriate, it may determine the amount of those interim fees in accordance with 515 CMR 4.02(2), and request their appropriation by filing a supplemental budget request for submission to the Massachusetts Legislature.

(7) An employer which has determined that indemnification is appropriate, shall transmit its file and determination to the Executive Office of Public Safety before authorizing payment or seeking a special appropriation.

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