Chapter 1.21
INDIVIDUAL LIABILITY OF COUNTY OFFICIALS
Sections:
1.21.020 Purchase of liability insurance.
1.21.030 Provision of legal services for defense.
1.21.040 Findings required prior to authorizing defense.
1.21.070 Boards and commissions agents of county.
1.21.010 Finding.
The adoption of the ordinance codified in this chapter is in the interests of the public health, safety and general welfare of all of the citizens of Chelan County, and is necessary for the protection of the county’s existing public institutions. (Res. 79-7 § 1, 1979).
1.21.020 Purchase of liability insurance.
Liability insurance may be purchased by Chelan County and its elected officials upon approval of the county commissioners out of county funds with such limits as it may be deemed reasonable for the purpose of protecting the officers, officials, agents and employees of the county of Chelan against liability for personal or bodily injuries and property damage, and for all damages from any tort or cause of action of any kind whatsoever arising from their acts or omissions while performing or in good faith purporting to perform their official duties. (Res. 79-7 § 2, 1979).
1.21.030 Provision of legal services for defense.
(a) The county of Chelan may provide legal services for the defense of any of its officers, officials, agents or employees when a suit against them arises out of an official act if the requirements of this section are met. Whether a defense will be provided by the county will be determined by the county commissioners pursuant to a determination of merit in each case. Such a defense will not necessarily be for the benefit of the officer or employee but merely in support of his or her actions on behalf of the county. An attorney may be hired especially for the purpose of any such defense at county expense, or these services may be provided by the office of the prosecuting attorney, or county officials or employees may be reimbursed for the costs of legal services they have incurred.
(b) Such services or reimbursement may be provided to both past and present officers and employees as long as the cause of action arose as a result of acts or omissions occurring during their tenure of office or employment. Such defense or reimbursement may be provided although it may turn out that the officer or employee exceeded his legal rights and authorities, and even though the result at the trial at law clearly shows that the acts were illegal, provided such acts were done by the officers or employees in the bona fide discharge of their duties. On the other hand legal services will not be provided to officers or employees of the county to defend a charge of official misconduct or to defend the rights to hold office.
(c) The county commissioners may decline to provide independent defense if they are of the opinion that adequate defense will be provided by insurance carriers.
(d) Before a defense may be provided for an officer or employee, the decision of the board of county commissioners must be supported by findings, in the record, qualifying the action as in conformity with the standards established by this chapter.
(e) Upon review and approval by the board of county commissioners, the county of Chelan may also provide legal services for the defense of any spouse or domestic partner of a county officer, official, agent or employee, who, but for their marriage or registered domestic partnership, would not be subject to suit; provided, that the provision of such legal services shall be limited only for vicarious liability for an occurrence imposed by virtue of the community property laws of the state of Washington. (Res. 2019-69, 6/18/19: Res. 79-7 § 3, 1979).
1.21.040 Findings required prior to authorizing defense.
Before authorizing the defense by the county of one of its officers, officials, agents or employees, the board of commissioners must affirmatively find the following:
(1) The official or employee must have been acting in a matter in which the county had an interest;
(2) The official or employee must have been acting in the discharge of a duty imposed or authorized by law;
(3) The official or employee must have acted in good faith. (Res. 79-7 § 4, 1979).
1.21.050 Indemnification.
Any officer, official, agent or employee of the county of Chelan may be indemnified for all costs and judgment which he or she is actually obligated or called upon to pay if the act or omission resulting in judgment is one for which the individual would be eligible for legal services or reimbursement for legal services under this chapter; provided, that the same approval process and criteria for determining whether the county shall provide legal services for the defense of an action shall be employed in determining whether or not indemnification will be made by the county. Indemnification will not be provided for any loss covered by insurance. (Res. 79-7 § 5, 1979).
1.21.060 County not party.
Legal services and indemnification may be provided by the county under this chapter irrespective of whether or not the county is either a party to the cause or itself subject to liability. (Res. 79-7 § 6, 1979).
1.21.070 Boards and commissions agents of county.
Members of boards and commissions appointed by the Chelan County commissioners shall be deemed agents of the county when acting in such capacity regardless of whether or not they receive compensation or expenses from the county. (Res. 79-7 § 7, 1979).