Nor may a party recover attorney's fees from the governmental employer for the bad faith actions of an official with immunity. State v. Dexter, 136 N.H. 669, 672-73, 621 A.2d 435, 437 (1993). [3] Since the ZBA, in the case at hand, was acting in a quasi-judicial capacity, and is not alleged to have acted outside its jurisdiction, the Tabers could not have recovered attorney's fees had they sued the ZBA directly. Cf. RSA 677:15, V (1986).

We have not previously decided whether the county attorneys are employees of the attorney general. Cf. State v. Dexter, 136 N.H. 669, 673, 621 A.2d 435 (1993) (finding it unnecessary to decide, even assuming attorney's fees were recoverable for county attorney's alleged bad faith litigation, whether such fees would be "properly recoverable from the State or the county"). In Samaha v. Grafton County, 126 N.H. 583, 493 A.2d 1207 (1985), we held that the plaintiff, when employed as clerk of superior court sitting in Grafton County, "was not an employee of Grafton County."

Moreover, the governmental employer of a quasi-judicial official enjoys the same immunity as does the official. State v. Dexter, 136 N.H. 669, 672, 621 A.2d 435, 437 (1992). To determine the scope of immunity to be afforded in a specific situation, we examine the act complained of, not merely the title of the actor.