2.97.025 Defense—Indemnification.

(1)    Clark County shall protect, defend, hold harmless and indemnify for any damages, including court-ordered attorney’s fees, all current and past officers, employees, elected and appointed officials, volunteers acting in a capacity of conducting public hearings, receiving public testimony or making recommendations to the board of county commissioners, and their respective marital communities against any and all claims or causes of action which arise as a result of alleged acts or errors and omissions occurring within the scope of their duties and responsibilities of employment with or on behalf of Clark County; provided, that the county may elect not to provide to such officers or employees legal services or indemnification for acts not undertaken in good faith, official acts of misconduct, or the defense of the right to hold office or if the employee fails to fully cooperate with the defense of such action; provided further, that in actions seeking punitive damages, the determination of whether or not to hold harmless and indemnify the individual from such damages will be made on a case-by-case basis considering factors including but not limited to if (1) the individual was acting within the course and scope of his or her employment; (2) the acts were undertaken in good faith, without actual malice and in the best interests of the county; and (3) payment of the damages would be in the best interests of the county. If the board of county commissioners makes a determination to not provide a defense, hold harmless or indemnify, the employee, officer, elected or appointed official, or volunteer shall be notified of such decision and shall have a right to meet with the board prior to the decision being final.

(2)    Legal services will be provided by the office of the prosecuting attorney; provided, that should the prosecuting attorney’s office have a conflict, appointment of legal counsel shall be in accordance with RCW 36.27.030.

(3)    Clark County in its sole discretion may elect to protect, defend, hold harmless and indemnify hearing examiners contractually providing services to the county when the board of county commissioners determines that actions filed or taken against such examiner are brought in bad faith or for the purpose of harassing such examiner because of decisions made in their official capacity. (Sec. 1 of Res. 1989-11-08; amended by Sec. 1 of Res. 1991-09-04; amended by Sec. 1 of Ord. 1997-08-28; amended by Ord. 2005-04-02; amended by Sec. 12 of Ord. 2008-01-17)