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Home My WebLink About06-18 - Ord. Amending Ord. 127-03 Policy and Procedure for Defense and Indemnity of Employees ORDINANCE N0. AMEND ORDINANCE 127-03 MASON COUNTY POLICY AND PROCEDURE FOR DEFENSE AND INDEMNITY OF EMPLOYEES WHEREAS, Mason County desires to establish a procedure under which a Mason County officer, employee or volunteer, who are subject to a claim for damages may request that Mason County authorize and provide the defense of the claim and pay the expenses of the defense, and to establish a procedure under which Mason County may pay damage awards; and WHERAS, a document to establish said procedure has been prepared by the County Human Resources/Risk Manager and reviewed by the County Prosecuting Attorney; now therefore BE IT HEREBY ORDAINED, BE IT FURTHER RESOLVED, that this Ordinance shall amend Ordinance 127-03 Mason County Policy and Procedure for Defense and Indemnity of Employees (Attachment A). This Ordinance shall become effective immediately upon its passage. PASSED this day of2018. J BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: 7 Ra y Neatherlin, Chair M li wry, CA of the Board APPROVED AS TO FORM: Terri D xler, Commissioner % 2 j�i' Tim Whitehead, Chief Deputy Prosecuting Kevin Shu , Commissioner Attorney Attachment A MASON COUNTY POLICY AND PROCEDURE FOR THE DEFENSE AND INDEMNITY OF EMPLOYEES Purpose The purpose is to establish a procedure under which Mason County officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim and pay the expenses of the defense, and to establish a procedure under which Mason County may pay damage awards. Definitions 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 Mason County. "Officer" includes the estate or personal representative of an officer. B. "Employee" means any person who is or was an employee of Mason 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 Mason 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. Request for defense of claim An officer, employee or volunteer may request that Mason 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 requests 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 (Attachment B). Authorizing defense of claim A. Mason 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: a. 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 b. If a quorum of unnamed members of the board is not possible, then by a written opinion of Mason County Prosecutor shall approve or deny the request to defend on behalf of the named board of county commissioners. 1 Attachment A B. Mason County shall not defend or pay for the expense of defending a claim against an officer, employee or volunteer, which alleges unlawfully obtaining personal benefits while acting in his or her official capacity. C. Mason 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 commissioner. Mason County shall not pay any expenses of defending a claim in advance of services being rendered or costs being incurred. D. Mason County shall not defend or pay for the expense of defending a claim against an officer, employee or volunteer, which engages in illegal, official misconduct, willful misconduct or to defend the right to hold office. Payment of nonpunitive monetary judgment When Mason County has defended a claim against an officer, employee or volunteer 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, Mason 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 Mason County and a judgment for nonpunitive damages shall not become a lien upon any property of the officer, employee or volunteer. Payment of punitive monetary judgment Mason County may at its sole discretion pay a punitive monetary judgment entered against an officer, employee or volunteer. Mason County reserves the right to pay punitive monetary judgement entered against an officer, employee or volunteer until a judgement amount has been awarded. Withdrawal of defense If at any time during defense of an action authorized under this Ordinance the County officer, employee or volunteer fails to cooperate with the prosecuting attorney's office or other attorney retained by the County, or new evidence indicates that the County official, employee or volunteer was not acting either in good faith or within the scope of that person's official county duties, the prosecuting attorney's office or retained attorney may withdraw the County's defense in writing. The County officer or employee may appeal this decision in writing to the board of county commissioners within five days from the date of the withdrawal by the prosecuting attorney's office or retained attorney. Violations of indemnification ordinance by county officer, employee, or volunteer Except as specifically directed by the prosecuting attorney's office or the attorney representing the County, no county agency, officer, employee or volunteer may engage in any of the following acts with respect to actions or proceedings for damages defended pursuant to this Ordinance: A. Negotiate or otherwise affect the settlement of such action or proceedings for damages against the County; B. Make an admission of liability involving such an action or proceeding with persons against the County; 2 Attachment A C. Discuss with persons, who are not the elected official, department head, prosecutor, or other assigned attorney, incidents, which could reasonably lead to actions or proceedings for damages against the county or its officers, employees or volunteers. D. Employees who violate any of A through C may be subject to the withdrawal of indemnification of defense and payment of any further expenses by the County. Severa bi I ity In the event that any provision of this resolution is held to be invalid, the remainder of this ordinance 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. 3