Chapter 1.240
ACTIONS FOR MONETARY DAMAGES
Sections:
1.240.010 Established.
(a) Pursuant to 1993 c 449 s 4(2), the board delegates to the pool and the procedures established in its self-insurance liability policy, claims administration policy, and 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.
(b) If the pool determines that the official, employee or volunteer 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 1993 c 449 s 4(2) 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 board of county commissioners.
(d) If the 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 of 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 the denial, and hereby holds the pool and its members harmless therefrom. (Res. 93-115, 9/21/93).