If a member is sued for civil damages and the board administratively determines that:

1. (1) the civil action arose out of an act performed within the scope of the duties of the member; and

2. (2) a lack of defense of the civil action by the state would prejudice the enforcement of the laws of the state;

   the board shall present its written findings to the attorney general.

   [Pre-2003 Recodification Citation: 10-1-4-2 part.]

As added by P.L.2-2003, SEC.2.