Montana Code Annotated 2023

TITLE 7. LOCAL GOVERNMENT

CHAPTER 33. FIRE PROTECTION

Part 45. Provisions Applicable to All Local Governmental Fire Agencies

Legal Representation For Firewarden, Firefighter, Or Employee -- Local Governmental Fire Agency

7-33-4501. Legal representation for firewarden, firefighter, or employee -- local governmental fire agency. A local governmental fire agency shall pay reasonable attorney fees and costs for outside legal counsel to defend a firewarden, firefighter, or paid or volunteer employee of a local governmental fire agency against a criminal prosecution arising from an act or omission in the performance of duties on a fire or in fire training that is made in good faith and within the course and scope of employment of the firewarden, firefighter, or paid or volunteer employee. The local governmental fire agency may determine whether the act or omission of the firewarden, firefighter, or paid or volunteer employee was in good faith and arising from the performance of the employee's duties in a fire or in fire training. The requirement to pay attorney fees and costs does not apply to any postconviction legal proceedings.

History: En. Sec. 3, Ch. 464, L. 2007.