Chapter 2.90
INDEMNIFICATION OF COUNTY OFFICERS, EMPLOYEES AND VOLUNTEERS
Sections:
2.90.020 Request for defense of claim.
2.90.030 Authorizing defense of claim.
2.90.050 Payment of nonpunitive monetary judgment.
2.90.060 Payment of punitive monetary judgment.
2.90.005 Purpose.
The purpose of this chapter is to establish a procedure under which an officer, employee or volunteer who is subject to a claim for damages may request that Douglas County authorize and provide the defense of the claim and pay the expenses of the defense, and to establish a procedure under which Douglas County may pay damage awards. (Ord. 96-101-02 § 1)
2.90.010 Definitions.
As used in this chapter the following terms are defined in this section:
A. “Officer” means any person who is or was an elected or appointed official or officer of Douglas County. “Officer” includes the estate or personal representative of an officer.
B. “Employee” means any person who is or was an employee of Douglas County. “Employee” includes the estate or personal representative of an employee.
C. “Volunteer” means any person who is or was a volunteer, as defined according to RCW 51.12.035, of Douglas County. “Volunteer” includes the estate or personal representative of a volunteer.
D. “Expense” or “expenses” means reasonable attorney’s fees and litigation costs.
E. “Party” includes a person who was, is now, or is threatened to be made a named defendant or respondent in a legal proceeding.
F. “Claim” means any threatened, pending, or completed civil action, suit, or proceeding brought under RCW Chapter 4.96 or 42 U.S.C. 1981 et seq. (Ord. 96-101-02 § 2)
2.90.020 Request for defense of claim.
An officer, employee or volunteer may request that Douglas County defend and pay the necessary expenses of defending any claim arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Such request shall be in writing and signed by the person or his or her attorney, shall be filed with the board of county commissioners, and shall include a summary of the claim. If the claim is pending, then a copy of the written claim, demand or lawsuit shall be attached to the request. (Ord. 96-101-02 § 3)
2.90.030 Authorizing defense of claim.
A. Douglas County shall grant the request to defend a claim and pay the necessary expenses of defense upon a determination that the claim is based upon an alleged act or omission of the officer, employee or volunteer which was, or in good faith purported to be, within the scope of his or her official duties. Such determination shall be made as follows:
1. By a majority vote of a quorum of the board of county commissioners consisting of members not named as a party to such claim; or
2. If a quorum of unnamed members of the board is not possible, then by a written opinion of legal counsel, other than the prosecuting attorney, as selected by the board. Such legal counsel shall not be an attorney or member of a law firm who has performed services within the past three years for Douglas County.
B. Douglas County shall not defend or pay for the expense of defending a claim against an officer, employee or volunteer based which alleges unlawfully obtaining personal benefits while acting in his or her official capacity.
C. Douglas County shall not pay any expenses of defending a claim which are paid or incurred by an officer, employee or volunteer prior to receipt of a proper written request by the board of county commissioners. Douglas County shall not pay any expenses of defending a claim in advance of services being rendered or costs being incurred. (Ord. 96-101-02 §4)
2.90.050 Payment of nonpunitive monetary judgment.
When Douglas County has defended a claim against an officer, employee or volunteer pursuant to this chapter and the court hearing the action has found that the officer, employee or volunteer was acting within the scope of his or her official duties, Douglas County shall pay any final nonpunitive monetary judgment entered on such claim, after termination of all appellate review, if any. Pursuant to RCW 4.96.041, a judgment creditor shall seek satisfaction for a nonpunitive monetary judgment only from Douglas County and a judgment for nonpunitive damages shall not become a lien upon any property of the officer, employee or volunteer. (Ord. 96-101-02 § 5)
2.90.060 Payment of punitive monetary judgment.
Douglas County may pay a punitive monetary judgment entered against an officer, employee or volunteer only if all the following conditions are found to have been met by a majority vote of a quorum of the board of county commissioners consisting of members not named as a party to such claim:
A. The judgment is based on a claim that arises from an act or omission during the performance of his or her official duties; and
B. The claim has been defended by Douglas County pursuant to this chapter; and
C. The act or omission did not arise from a personal motive and did not occur to gratify personal objectives or desires of the officer, employee or volunteer; and
D. The act or omission did not violate any applicable policies adopted by Douglas County; and
E. At the time of the act or omission, the officer, employee or volunteer reasonably believed his or her conduct to be in accordance with Douglas County policies; and
F. At the time of the act or omission, the officer, employee or volunteer reasonably believed his or her conduct to be in accordance with the established procedures and the directives of his department; and
G. At the time of the act or omission, the officer, employee or volunteer reasonably believed his or her conduct to be lawful; and
H. At the time of the act or omission, the officer, employee or volunteer reasonably believed his or her conduct to be in the best interests of Douglas County; and
I. The board of county commissioners finds that the fiscal impact of paying such punitive damages will not decrease the existing level of services provided by Douglas County, will not threaten the ability of Douglas County to meet its deferred final obligations, and will not threaten the ability of Douglas County to finance planned capital facilities and other improvements within Douglas County. (Ord. 96-101-02 § 6)
2.90.080 Effective date.
The effective date of the ordinance codified in this chapter shall be November 18, 1996. (Ord. 96-101-02 § 7)
2.90.090 Severability.
In the event that any provision of this chapter is held to be invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected and shall be valid and enforceable to the fullest extent allowed by law. (Ord. 96-101-02 § 8)