[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR18.1]



[Page 230-231]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 18_INDEMNIFICATION OF HUD EMPLOYEES--Table of Contents

 

Sec.  18.1  Policy.









    Authority: 5 U.S.C. 301; 42 U.S.C. 3535(d).



    Source: 62 FR 6096, Feb. 10, 1997, unless otherwise noted.





    (a) The Department of Housing and Urban Development may indemnify, 

in whole or in part, a Department employee (which for the purpose of 

this part includes a former Department employee) for any verdict, 

judgment or other monetary award which is rendered against any such 

employee, provided the Secretary or his or her designee determines that:

    (1) The conduct giving rise to the verdict, judgment or award was 

taken within the scope of his or her employment with the Department; and

    (2) Such indemnification is in the interest of the United States.

    (b) The Department of Housing and Urban Development may settle or 

compromise a personal damage claim against a Department employee by the 

payment of available funds, at any time, provided the Secretary or his 

or her designee determines that:

    (1) The alleged conduct giving rise to the personal damage claim was 

taken within the scope of employment; and

    (2) That such settlement or compromise is in the interest of the 

United States.

    (c) Absent exceptional circumstances, as determined by the Secretary 

or his or her designee, the Department will not entertain a request 

either to agree to indemnify or to settle a personal damage claim before 

entry of an adverse verdict, judgment or monetary award.

    (d) When an employee of the Department becomes aware that an action 

has been filed against the employee in his or her individual capacity as 

a result of conduct taken within the scope of his or her employment, the 

employee should immediately notify his or her supervisor that such an 

action is pending. The supervisor shall promptly notify the head of his 

or her operating component and the Associate General Counsel for 

Litigation and Fair Housing Enforcement, if the supervisor is located at 

headquarters, or Field Assistant General Counsel--who shall promptly 

notify the Associate General Counsel for Litigation and Fair Housing 

Enforcement--if the supervisor is located in the field. As used in this 

section, the term ``principal operating component'' means an office in 

the Department headed by an Assistant Secretary, the General Counsel, 

the Inspector General, or an equivalent departmental officer who reports 

directly to the Secretary. Questions regarding representation of the 

employee will be determined by the Department of Justice pursuant to 28 

CFR 50.15 (Representation of Federal officials and employees by 

Department of Justice attorneys or by private counsel furnished by the 

Department in civil, criminal, and congressional proceedings in which 

Federal employees are sued, subpoenaed, or charged in their individual 

capacities).

    (e) The employee may, thereafter, request indemnification to satisfy 

a verdict, judgment or monetary award entered against the employee or to 

compromise a claim pending against the employee. The employee shall 

submit a written request, with appropriate documentation including a 

copy of the verdict, judgment, award or other order or settlement 

proposal, in a timely manner to the head of the employee's principal 

operating component. The head of the employee's principal operating 

component shall submit the written request and accompanying 

documentation, together with a recommended disposition of the request, 

in a timely manner to the General Counsel.

    (f) The General Counsel shall seek the views of the Department of 

Justice on the request. Where the Department of Justice has rendered a 

decision denying representation of the employee pursuant to 28 CFR 

50.15, the General Counsel shall seek the concurrence of the Department 

of Justice on the request. If the Department of Justice does not concur 

in the request, the General Counsel shall so advise the employee and no 

further action on the employee's request shall be taken.

    (g) In all instances except those where the Department of Justice 

has non-concurred in the request, the General Counsel shall forward for 

decision



[[Page 231]]



to the Secretary or his or her designee the employee's request, the 

recommendation of the head of the employee's principal operating 

component, the views of the Department of Justice, and the General 

Counsel's recommendation.

    (h) Any payment under this part, either to indemnify a Department 

employee or to settle a personal damage claim, is contingent upon the 

availability of appropriated funds of the Department that are permitted 

by law to be utilized for this purpose.