Maine Revised Statutes Title 26 Sec. 1084 – Municipal employment service
Current as of: 2023 | Check for updates
|
Other versions
1. Authorization. The legislative body of a municipality may authorize its municipal officers or their designee to enter into an agreement, not financed by the State, with the commissioner for the purpose of providing job services or job service facilities, or both.
[PL 1995, c. 560, Pt. G, §12 (AMD).]
Terms Used In Maine Revised Statutes Title 26 Sec. 1084
- Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 26 Sec. 1043
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employment: except as otherwise provided in paragraph F, subparagraph (2), means any service performed prior to July 26, 1940 which was employment as defined in this subsection prior to such date, and subject to the other provisions of this subsection service performed after July 26, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. See Maine Revised Statutes Title 26 Sec. 1043
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Maine Revised Statutes Title 26 Sec. 1043
- Summons: Another word for subpoena used by the criminal justice system.
2. Liability of the State. Notwithstanding any other provision of law or agreement to the contrary, for the purposes of this section, the municipality shall be considered an agent of the State and the municipal officials and employees shall be considered to be acting on behalf of the State in its official capacity. The State shall indemnify, hold harmless and, with the consent of the municipality or its officials or employees, defend the municipality and its officials and employees against any claim which arises out of an act or omission occuring within the course or scope of employment for purposes of performing the duties within the purview of this section. If the defense of the municipality or its officials or employees creates a conflict of interest between the State and the municipality, official or employee, the State need not assume the defense; however, the State shall be liable for reasonable attorney’s fees and court costs of the municipality, official or employee.
This subsection shall not apply if the municipality, official or employee settles the claim without the consent of the State, or if the municipality, official or employee does not notify the State within 30 days after receiving actual written notice of the claim against him or within 15 days after the service of the summons and complaint upon him and if the State is prejudiced thereby.
[PL 1981, c. 648 (NEW).]
SECTION HISTORY
PL 1981, c. 648 (NEW). PL 1995, c. 560, §G12 (AMD).