2.95.040 Duties of county officers and employees.

(A)    Cooperation. All county officials and employees shall cooperate fully with the risk manager and the prosecuting attorney in all investigations, settlements and defenses of claims or lawsuits. All county officials and employees shall follow all claims and/or loss control policies and procedures. All officials and department heads shall provide all information requested by and otherwise assist the risk manager and the prosecuting attorney in the defense of claims and lawsuits. When deemed necessary by the risk manager and/or the prosecuting attorney, such assistance may include, but is not limited to, the providing of testimony and preparation of exhibits for use in litigation.

(B)    Guidelines Re: Communications. Except when authorized by the risk manager or the prosecutor, no county official or employee, acting individually or collectively, shall:

(1)    Negotiate or otherwise effect the settlement of a claim or lawsuit against the county;

(2)    Make an admission of liability or fact after a claim or lawsuit has commenced or been filed against the county or where a claim or lawsuit appears probable;

(3)    Discuss with persons who are not county employees incidents which could reasonably lead to claims or lawsuits against the county, except as necessary to fulfill their employment duties;

(4)    Make statements, written or oral, with regard to another employee, county premises or operations that would impute liability or negligence to the county in any claim or lawsuit of which the employee has knowledge.

(C)    Employee Responsibility Concerning Accident Occurrence. Any officer or employee shall, in the event of any accident or occurrence, immediately notify the risk manager and, as soon as possible, provide written notice identifying the names and addresses of all persons involved, the time, place and circumstances, and the names and addresses of any injured persons and of any available witnesses. They shall immediately forward to the prosecuting attorney every demand, notice, summons or other process relating to the incident received by him or her or their representative. They shall cooperate with the prosecuting attorney and risk manager or any attorney retained by the county or any claims representative retained by the county upon request, and shall further assist in making settlements, in the conduct of suits, and enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the county because of bodily injury, property damage or other loss arising from the accident, incident or occurrence. They shall attend interviews, depositions, hearings and trials and assist in securing the attendance of witnesses upon request. No officer or employee shall voluntarily make any payment, assume any obligation or incur any expense other than for first-aid to others at the time of an accident. (Sec. 5 of Ord. 1987-07-27; amended by Sec. 3 of Ord. 1991-11-30; amended by Sec. 3 of Ord. 2008-01-17)