(a) Definitions. In this Section, the following terms have the meanings indicated.
Civil Rights claim means an assertion by a claimant that the County or County employee injured the claimant by a violation of federal, state, or local civil rights statute.
Parties means a person who settles a claim or a person who allegedly committed the misconduct.
Self-Insurance Fund means insurance coverage, including a legal defense, provided to the County and its officials, employees, and agents under Section 20-37.
Self-Insurance Fund Lawsuit means a claim or legal proceeding that is covered under the Self Insurance Fund that alleges a violation of:
(1) federal or state constitutional rights;
(2) civil rights claims; or
(3) common law tort claims.
(b) On behalf of the County, the County Attorney is authorized to settle all claims by or against the County and all court cases to which the County is a party where the amount of the claim or the amount involved in the suit is:
(1) not more than thirty thousand dollars ($30,000.00); or
(2) the maximum jurisdictional amount set for civil cases in District Court of Maryland under State law, whichever is greater; and
(3) when in the County Attorney’s judgment it is proper and advisable to do so.
(c) The County Attorney is further authorized to settle, with the approval of the County Executive, all other claims by or against the County and all other court cases to which the County is a party, when in the County Attorney’s judgment and that of the County Executive it is advisable and proper to do so. In court cases in which the members of the County Council are parties in their capacity as such, the County Attorney is hereby authorized to settle the cases on their behalf upon the approval of the Council, except in cases where each Councilmember may be personally liable or responsible, in which cases settlement must be made only on behalf of each Councilmember approving such settlement.
(d) The authority granted by this section must apply to all future and past settlements.
(e) Annual Report. By October 1 of each year, the County Attorney must submit to the County Executive and the County Council, and must publish on the County website, a written report that summarizes the settlement of each Self-Insurance Fund Lawsuit during the prior fiscal year.
(f) Contents of the report. For each settlement, the report must identify:
(1) the claimant or claimants;
(2) the dollar amount, or other consideration, under the settlement;
(3) the nature of the claim;
(4) the County departments or offices involved in the claim;
(5) demographic information voluntarily provided by the parties; and
(6) the applicable legal authority or reason if any information relating to the settlement is excluded because disclosure may be in violation of federal or state law.
(g) Non-disclosure clause in settlement agreements – prohibited. The County must not agree to a non-disclosure in a settlement agreement that would prevent public disclosure of the settlement agreement. This subsection does not apply to information that is prohibited from disclosure under federal or state law.
(h) Collection of Demographic Information. The County Attorney must, at the conclusion of a settlement agreement, provide a demographic sheet for parties to voluntarily disclose demographic information. The demographic sheet must, at a minimum, collect the following data:
(1) race;
(2) ethnicity;
(3) gender identity;
(4) age;
(5) sexual orientation;
(6) religion; and
(7) any other demographic information voluntarily provided by the parties.
(i) Opt-out. A party of a settlement agreement may choose to opt out and decline providing demographic information by signing an attestation statement provided by the County Attorney.
(Mont. Co. Code 1965, § 84-4; 1971 L.M.C., ch. 4, § 1; 1979 L.M.C., ch. 13, § 1; 2021 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 21, § 1.)
Editor’s note—See County Attorney Opinion dated 1/8/08 regarding collection of debts owed to the County. See County Attorney Opinion dated 11/2/99 explaining that the procurement law prohibits payments to reimburse funds spent to repair stormwater management facilities, but the Chief Administrative Officer and the County Attorney may settle a claim for the expense if appropriate.