On January 29, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in support of SB 271 – Maryland Tort Claims Act – Employees of an Office of a Sheriff.
This bill helpfully remedies confusion currently arising from claims brought against a civilian employee of a sheriff’s office.
Current law specifies that sheriffs and their deputies are state employees who perform some local functions. To this end, the liability that arises from actions taken in the course of duty is covered accordingly. While it could be assumed the law does not clarify if a sheriff’s department’s civilian employees are state employees for liability coverage. This has led to confusion and delays in authorization for representation from the State. Sometimes, local governments provide coverage where the State would be the rightful party.
While it is understandable that the shared liability of sheriffs and their deputies between state and local governments can lead to a complicated, and sometimes confusing, segment of government liability, those challenges are not present for civilian employees. The civilian personnel perform mostly administrative functions for these state entities. They are entitled, without delay, to representation by the State when claims arise during the performance of those duties. SB 271 will ensure that they get that coverage and that local governments are not inadvertently taking on state responsibilities.
SB 271 was heard in the opposite chamber, the Judiciary Committee, on March 26. MACo submitted written testimony in support of this bill.
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