Section 5-301 - Definitions.
§ 5-301. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Actual malice.- "Actual malice" means ill will or improper motivation.
(c) Employee.-
(1) "Employee" means any person who was employed by a local government at the time of the act or omission giving rise to potential liability against that person.
(2) "Employee" includes:
(i) Any employee, either within or without a classified service or merit system;
(ii) An appointed or elected official; or
(iii) A volunteer who, at the request of the local government, and under its control and direction, was providing services or performing duties.
(d) Local government.- "Local government" means:
(1) A chartered county established under Article 25A of the Code;
(2) A code county established under Article 25B of the Code;
(3) A board of county commissioners established or operating under Article 25 of the Code;
(4) Baltimore City;
(5) A municipal corporation established or operating under Article 23A of the Code;
(6) The Maryland-National Capital Park and Planning Commission;
(7) The Washington Suburban Sanitary Commission;
(8) The Northeast Maryland Waste Disposal Authority;
(9) A community college or board of trustees for a community college established or operating under Title 16 of the Education Article, not including Baltimore City Community College;
(10) A county public library or board of trustees of a county public library established or operating under Title 23, Subtitle 4 of the Education Article;
(11) The Enoch Pratt Free Library or Board of Trustees of the Enoch Pratt Free Library;
(12) The Washington County Free Library or the Board of Trustees of the Washington County Free Library;
(13) A special taxing district;
(14) A nonprofit community service corporation incorporated under State law that is authorized to collect charges or assessments;
(15) Housing authorities created under Division II of the Housing and Community Development Article;
(16) A sanitary district, sanitary commission, metropolitan commission, or other sewer or water authority established or operating under public local law or public general law;
(17) The Baltimore Metropolitan Council;
(18) The Howard County Economic Development Authority;
(19) The Howard County Mental Health Authority;
(20) A commercial district management authority established by a county or municipal corporation if provided under local law;
(21) The Baltimore City Police Department;
(22) A regional library resource center or a cooperative library corporation established under Title 23, Subtitle 2 of the Education Article;
(23) Lexington Market, Inc., in Baltimore City;
(24) The Baltimore Public Markets Corporation, in Baltimore City;
(25) The nonprofit corporation serving as the local public transportation authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (Carroll County Senior Overland Service, Inc., t/a Carroll Area Transit System);
(26) The nonprofit corporation serving as the animal control and licensing authority for Carroll County pursuant to a contract or memorandum of understanding with Carroll County (the Humane Society of Carroll County, Inc.);
(27) Garrett County Municipalities, Inc., in Garrett County; and
(28) The nonprofit corporation serving as the local public transportation authority for Garrett County pursuant to a contract or memorandum of understanding with Garrett County (Garrett County Community Action Committee, Inc.).
[1987, ch. 594; 1988, ch. 323; 1989, ch. 416; 1992, ch. 117; ch. 201, § 2; 1993, chs. 356, 368; 1996, ch. 10, § 16; ch. 267; 1997, ch. 14, § 9; ch. 364; 1998, ch. 67; 1999, ch. 194; 2000, ch. 556; 2006, chs. 64, 186; 2007, chs. 123, 132, 315.]