Chapter 2.76
LEGAL DEFENSE OF COUNTY OFFICERS AND EMPLOYEES

Sections:

2.76.010    Purpose.

2.76.020    Defense of action.

2.76.030    Delegation of authority.

2.76.040    Litigation.

2.76.050    Prohibited actions.

2.76.010 Purpose.

The purpose of this chapter is to make orderly provision for the legal and financial protection of county officers, employees and their marital communities from personal liability for acts or omissions committed by such officers and employees while within the scope of their official county duties. (Ord. 98-88 § 1)

2.76.020 Defense of action.

Consistent with the powers vested in the county legislative authority by RCW 4.96.041 whenever an action or proceeding for damages is brought against any officer or employee of Adams County where it has been determined pursuant to Section 2.76.030 that such action or proceeding arose from acts or omissions while performing or in good faith purporting to perform his or her official duties and when such officer or employee has requested defense of the action or proceeding at the expense of the county, the Adams County board of commissioners shall be deemed to have granted such request. Upon such granting of the request, the necessary expenses of defending the action or proceeding by the prosecuting attorney shall be paid by the county and any final money judgment against the officer or employee shall be paid by the county. This grant does not apply to requests not covered by the county’s policy of insurance issued by the Washington Counties Risk Pool. (Ord. O-3-99 § 1: Ord. O-2-98 § 1: Ord. 98-88 § 2)

2.76.030 Delegation of authority.

A.    Pursuant to RCW 4.96.041 the Adams County board of commissioners delegates to the Washington Counties Risk Pool under its procedures established in the joint self-insurance liability policy, claims administration policy and its bylaws, the determination of whether a county officer, employee or volunteer were, or in good faith purported to be, within the scope of his or her official duties whenever an action or proceeding for damages is brought. Pursuant to the coverage provided in any policy of insurance issued to the county, this delegation does not apply to claims outside the scope of coverage of such policy.

B.    If the pool determines that coverage is available to the official, employee or volunteer who were, or in good faith purported to be, within the scope of his or her official duties, the necessary expenses of defending the action or proceeding, and any monetary judgment against the officer, employee or volunteer, shall be paid subject to the county’s deductible election, all as determined by the joint self-insurance liability policy.

C.    This delegation under RCW 4.96.041 shall be granted for an indefinite time until revoked, but may also be suspended in any case when written notice of suspension is provided the pool by the Adams County board of commissioners.

D.    If Adams County revokes or suspends the delegation, and if the county denies the request of a person or organization and does not authorize defense at the expense of the county or approval of payment of any related monetary judgment, and the pool disagrees, the county at its own expense shall pay all sums of monetary damages which the county may become obligated to pay by reason of liability imposed by law for denial, and holds the pool and its members harmless therefrom.

E.    Pursuant to RCW 48.22.030(4) the county as named insured may reject pool underinsured coverage for bodily injury, death, or property damage. The board of Adams County commissioners elects to accept underinsured coverage. (Ord. O-3-99 § 2; Ord. O-2-98 § 2: Ord. 98-88 § 3)

2.76.040 Litigation.

Where a county officer, employee or his or her marital community is sued for an act determined by Section 2.76.030, to be within the scope of such officer’s or employee’s official duties, the prosecuting attorney shall be responsible for defense of that person or marital community, and shall direct recommendations, if any, for settlement of such suits to the board of county commissioners. In arriving at any such recommendation for settlement, the prosecuting attorney shall consult with the county agency most involved with the litigation and/or named as a party to the lawsuit. (Ord. 98-88 § 4)

2.76.050 Prohibited actions.

Except as specifically directed by the prosecuting attorney, no county agency and no county officer or employee may engage in any of the following acts with respect to actions or proceedings for damages defended pursuant to this chapter:

A.    Negotiate or otherwise affect the settlement of such an action or proceeding for damages against the county;

B.    Make an admission of liability involving such an action or proceeding for damages against the county; or

C.    Discuss with persons who are not county employees incidents which could reasonably lead to actions or proceedings for damages against the county, or its officers or employees. (Ord. 98-88 § 5)