CALIFORNIA GOVERNMENT. Code Section 825 requires public entities to provide a defense to a bargaining unit member who requests the employer to defend him or her against any claim or action against him or her for any injury arising out of an act or omission occurring within the scope of employment as an employee of the public entity. There are certain limitations and requirements, which must be met to obtain such defense, including but not limited to a requirement that the bargaining unit member reasonably, cooperate in good faith in the defense. Public entities may refuse to provide a defense under limited circumstances, including but not limited to situations when the act or omission was not within the scope of employment and when the bargaining unit member acted or failed to act because of actual fraud, corruption or actual malice. (Gov. Code Section 995.2)
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