Public Service Board > Human Resource Manual Policy (Draft) > PART V: CODE OF CONDUCT, DISCIPLINARY CONTROL AND LABOUR RELATIONS > Conduct of investigations > Interdiction > Defence of Officers in Criminal and Civil Suits

K.12 (1) When criminal or civil proceedings are instituted against an officer as a result of an act of omission by him/her in the course of his/her official duties, he/she may apply to his/her Authorized Officer for assistance in his/her defence. If the latter is satisfied that the officer acted in good faith in the execution of his/her official duties and that it is in the public interest that the officer should be defended, he/she shall immediately report the matter to the County Attorney, who will decide whether or not the officer should be defended.

(2) Officers who have applied for defence shall not themselves brief their private advocates and subsequently apply for Government assistance. Unless the proper procedure is followed, the County Attorney may decline to provide support to the officer. It is further emphasized that speed is of essence in reporting such cases to the County Attorney Civil Proceedings by Officers for Defamation

K.13 Where an officer has been defamed in respect of matters arising out of his official position, e.g. in the press or at a political meeting, it may be that the Government is also defamed by implication, and may, therefore, agree to give legal aid to the officer. Where such a case occurs, the officer may apply for legal aid through his Authorized Officer to the County Attorney. Legal aid will not be granted unless:

(i)The County Government has a substantial interest in seeing that the defamatory statement is repudiated;

(ii)There is, in the opinion of the County Attorney, a good prospect of success in the action; and

(iii)Tee consent of the County Attorney shall be obtained before pro eedings are commenced.