Sec. 5-141d. Indemnification of state officers and employees. Duties of Attorney General. Exceptions. (a) The state shall save harmless and indemnify any state
officer or employee, as defined in section 4-141, and any member of the Public Defender
Services Commission from financial loss and expense arising out of any claim, demand,
suit or judgment by reason of his alleged negligence or alleged deprivation of any person's civil rights or other act or omission resulting in damage or injury, if the officer,
employee or member is found to have been acting in the discharge of his duties or within
the scope of his employment and such act or omission is found not to have been wanton,
reckless or malicious.
(b) The state, through the Attorney General, shall provide for the defense of any
such state officer, employee or member in any civil action or proceeding in any state
or federal court arising out of any alleged act, omission or deprivation which occurred
or is alleged to have occurred while the officer, employee or member was acting in the
discharge of his duties or in the scope of his employment, except that the state shall not
be required to provide for such a defense whenever the Attorney General, based on his
investigation of the facts and circumstances of the case, determines that it would be
inappropriate to do so and he so notifies the officer, employee or member in writing.
(c) Legal fees and costs incurred as a result of the retention by any such officer,
employee or member of an attorney to defend his interests in any such civil action or
proceeding shall be borne by the state only in those cases where (1) the Attorney General
has stated in writing to the officer, employee or member, pursuant to subsection (b),
that the state will not provide an attorney to defend the interests of the officer, employee
or member, and (2) the officer, employee or member is thereafter found to have acted
in the discharge of his duties or in the scope of his employment, and not to have acted
wantonly, recklessly or maliciously. Such legal fees and costs incurred by a state officer
or employee shall be paid to the officer or employee only after the final disposition of
the suit, claim or demand and only in such amounts as shall be determined by the Attorney
General to be reasonable. In determining whether such amounts are reasonable the Attorney General may consider whether it was appropriate for a group of officers, employees
or members to be represented by the same counsel.
(d) The provisions of this section shall not be applicable to any state officer or
employee to the extent he has a right to indemnification under any other section of the
general statutes.
(P.A. 83-464, S. 3, 5.)
Cited. 221 C. 346, 354. Plaintiffs in their role as foster parents were "employees" of the state as that form is used in
this section. 238 C. 146. Judgment creditors of state employee or officer are not within protected zone of interests. 264 C.
538. State's sovereign immunity from suit is not waived. Id. Section waives state's immunity from liability but not from
suit. 265 C. 350.
Sec. 5-141e. Deduct-a-ride program for state employees. The Comptroller may
offer to qualified state employees the option to exclude from taxable wages and compensation, consistent with Section 132 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time
amended, employee commuting costs incurred through the use of (1) transportation in
a commuter highway vehicle if such transportation is in connection with travel between
the employee's residence and place of employment, (2) any transit pass, or (3) qualified
parking, in an amount not to exceed the maximum level allowed by 26 USC 132(f)(2),
as from time to time amended, and regulations adopted pursuant to said section. The
Comptroller may contract with an administrator for the management of this program. For
purposes of this section, "state employees" includes members of the General Assembly.
(P.A. 02-123, S. 1.)
History: P.A. 02-123 effective June 7, 2002.