Chapter 2.20
INDIVIDUAL LIABILITY OF COUNTY OFFICIALS
Sections:
2.20.010 Findings.
The adoption of this Chapter is in the interest of the public health, safety and general welfare of all of the citizens of Skagit County, and is necessary for the protection of the county’s existing public institutions.
2.20.020 Insurance.
Liability insurance may be purchased by Skagit County for its officers, employees or volunteers out of county funds with such limits as it deems reasonable for the purpose of protecting the officers, employees or volunteers of the County from liability for personal or bodily injuries and property damage, and for all damages of any tort or cause of action of any kind whatsoever arising from their acts or omissions in the performance of their official duties. (Ord. 15709 (part), 1995)
2.20.030 Defense.
(1) Skagit County may provide a legal defense under this Section to any of its officers, employees, or volunteers when anyone files a lawsuit against them arising out their official act or omission during their tenure of office or employment. The Board of County Commissioners will issue a written decision about providing its officers, employees, or volunteers with a defense upon each case’s merits. The Board of County Commissioners must support its written decision with the findings described in SCC 2.20.040. The defense will not necessarily be for the benefit of the officer, employee or volunteer but rather to support their actions for the County. The County may hire an outside attorney to defend its officers, employees, or volunteers, or the Prosecuting Attorney’s Office may defend them.
(2) The County will not defend past and present County officers, employees, or volunteers if:
(a) They have been held liable by a competent tribunal for:
(i) Official misconduct;
(ii) Willful misconduct; or
(iii) Having no right to hold office;
(b) Did not act in a bona fide discharge of their duties; or
(c) The Prosecuting Attorney initiates a quo warranto action against them.
The County may provide a defense when the officer, employee, or volunteer acted in the bona fide discharge of their duties, even if they exceeded their legal rights and authorities, or their acts or omissions were illegal.
(3) The County may initially defend an officer, employee, or volunteer before the Board of County Commissioners makes a decision to defend them to ensure that they are not prejudiced. The County may withdraw its initial or continuing defense if:
(a) The Board of County Commissioners does not authorize the defense;
(b) One of the other reasons for not defending the officer, employee, or volunteer occurs; or
(c) The officer, employee, or volunteer rejects the defense in writing. (Ord. O20250003 (Exh. 2); Ord. 15709 (part), 1995)
2.20.040 Findings.
Before authorizing the defense by the County of one of its officers, employees or volunteers, the Board of Commissioners must affirmatively find all of the following:
(1) The officer, employee or volunteer must have been acting in a matter in which the county had an interest;
(2) The officer, employee or volunteer must have been acting in the performance of his or her official duties;
(3) The officer, employee or volunteer must have acted in good faith. (Ord. 16044, 1996: Ord. 15709 (part), 1995)
2.20.050 Indemnification.
Skagit County may indemnify any officer, employee or volunteer for any or all judgments or amounts agreed to in settlement which the officer, employee or volunteer is obligated to pay if the act or omission resulting in the judgment is one for which the individual would be eligible for legal services or reimbursement for legal services under this chapter. The Skagit County Commissioners shall determine whether such indemnification should be made based upon the criteria in Section 2.20.040. Skagit County may implement any payments authorized under this section directly to the party entitled to the money, rather than through reimbursement to the officer, employee or volunteer. (Ord. 15709 (part), 1995)
2.20.060 Parties to suit.
Legal Services and indemnification may be provided by the county under the Chapter irrespective of whether or not the county is either a party to the cause or itself subject to liability.
2.20.070 Severability.
If any provisions of this Chapter, or its application to any person or circumstances is held invalid, the remainder of this Chapter, or the application of the provision to other persons of circumstances is not affected.