Chapter 2.42
INDEMNIFICATION OF SHERIFF’S DEPUTIES

Sections:

2.42.010    Indemnification of Sheriff’s Deputies.

2.42.010 Indemnification of Sheriff’s Deputies

A.    Vanderburgh County Sheriff’s Deputies (hereafter “deputies”) shall be provided a civil defense and indemnification for acts of negligence undertaken while trying to apprehend a criminal suspect or while trying to prevent the commission of a crime, under the following circumstances, terms and conditions:

Said defense and indemnification shall only apply when the Vanderburgh County Sheriff’s Deputy:

1.    is engaged in the apprehension of a criminal suspect or the prevention of a criminal act in Vanderburgh County;

2.    acts in compliance with all federal and state laws, federal and state rules and regulations, local laws, Rules and Regulations of the Sheriff’s Office and orders of superior officers;

3.    cooperates fully and expeditiously with any investigations by the Sheriff’s Office and cooperates fully and expeditiously in investigations and defense by legal staff of the County Attorney’s Office and the representatives of the County’s insurance carrier;

4.    actions are consistent with the Indiana Tort Claims Act (IC 34-13-3-1 et seq. and as amended) so that all defenses, immunities and limitations of liability are fully available to the deputy and the county;

5.    if working off duty, said deputy has had working that job approved by the Sheriff’s Office; and

6.    agrees to have the County Attorney’s Office or the county’s insurance company represent the deputy in any civil lawsuits which may arise out of the incident and cooperates fully and expeditiously with said attorneys; and the claim or suit arises in tort.

B.    The maximum liability upon the county in costs of investigation, costs of defense and attorney’s fees and payment of any judgment shall not exceed Five Hundred Thousand Dollars per occurrence unless the county has insurance coverage in excess of the Five Hundred Thousand Dollars to cover the claim.

C.    If the deputy is provided insurance coverage by any other employer for the actions forming the basis of any claim or lawsuit, then the county’s obligations hereunder shall be secondary to any other insurance coverage and shall be supplemental thereto so that the county’s obligations hereunder shall only apply after the payment of the full amount of coverage provided under the other employer’s insurance coverage.

(2.42.010, Added, 08/02/2004; 2.42.010, Added, 08/02/2002)