Library: Policy
OKDHS:2-1-62. Legal defense of Department employees
Issued 6-11-92
(a) Circumstances under which legal defense may be provided. House Bill No. 1967, was passed by the 1976 session of the Oklahoma Legislature and became effective July 1, 1976. This Act authorizes State agencies having a permanent legal staff to use these attorneys for appearing and defending a civil action or proceeding on behalf of an employee of that agency, under specified conditions. The Department makes available such legal services for its employees under the provisions of this Act. The privilege of requesting legal assistance as provided herein applies to all State and local employees of the Department. In order for this legal representation to be provided the following circumstances must exist:
- (1) Such legal representation must be requested in writing by the employee;
- (2) The subject matter of the legal action or other proceeding must be based upon the performance by the requesting employee of a statutory (assigned) required duty;
- (3) The Act done or omitted in good faith must arise in the course of the employee's performance of a duty within the scope of his employment with the agency; and
- (4) Approval for the legal representation must be approved by the State Director.
(b) Procedures for obtaining legal representation. Upon being served with summons or other notice, the employee shall without delay and in no event more than 15 days after service, mail a written request for legal representation to the Director, Department of Human Services for approval. This request is made by use of Form LD-1 (new Form 13LE002E), Employee Request for Legal Representation. Attached to the request shall be all papers received from the process server together with the documents listed on Form LD-1 (new Form 13LE002E). Time is most important and vital in court proceedings.
- (1) If a copy of the petition or complaint is served upon the employee, it also shall be attached to Form LD-1 (new Form 13LE002E). If not served upon him, he should obtain a copy if such can be accomplished without delay. The Department's legal staff will determine the method of preparation and presentation of any defense available to the employee. No civil liability may be assessed against the attorneys for the exercise of such discretion. In appropriate cases, the Department's legal investigation will assist in determining facts essential for the defense of the employee.
- (2) The Act referred to in (a) of this Section further provides that the employee may arrange for private counsel at the employee's own expense. In case of an automobile accident or other occurrence where the employee's own liability insurance may be involved, he should notify the insurer as required in the insurance contract.
- (3) Another provision of the Act is that any officer or employee of a State agency who acts outside and contrary to the scope of official authority, shall be liable in damages in the same manner as any private citizen. This means, in effect, that the employee deviated from the action required in the performance of assigned duty, to the detriment and damage to a third person. Unless the Department's Legal Counsel finds the employee was acting in good faith and in the course of his employment, the State Director will not approve the request made pursuant to this Act.
- (4) When Form LD-1 (new Form 13LE002E), is received in the State office, it is referred by the State Director to the Legal Division for a determination of whether the situation comes within the provisions of State laws. If it does, the assigned attorney in the Legal Division contacts the employee for needed planning. If the situation is not in compliance with State Laws, the Legal Division prepares a letter of explanation to the employee for the signature of the State Director.
