2.95.090 Procedure for representing defendant employees.

(A)    Agents or employees of Clark County who are named individually in a claim or lawsuit, and wish the county to indemnify or defend them, shall make application to the prosecuting attorney. Such application shall include a complete statement of the act(s) and/or omission(s) complained of, together with copies of any pleadings served and such additional information as may be requested. This application shall be submitted to the prosecuting attorney’s office no later than ten (10) calendar days after service of process upon the applicant. If submission is not made within the ten (10) calendar day period, the prosecuting attorney may refuse to protect, provide defense or hold the applicant harmless in the legal action in question unless the applicant demonstrates that they had a reasonable excuse for the failure to comply with the time requirement.

(B)    Upon receipt of copies of all pleadings, the prosecuting attorney is authorized to appear in such action to the extent permitted by state law in order to maintain the status quo in the proceedings pending decision as to whether and on what terms legal counsel or indemnity will be provided.

(C)    Upon referral, the prosecuting attorney shall prepare a synopsis of the nature of the legal action and whether or not, in his/her opinion, the applicant acted in good faith and purported to act within the scope of his or her official duties, and forward such synopsis or meet with the board for a determination of whether the employee shall be provided a defense.

(D)    The board shall decide whether to defend or indemnify the official or employee pursuant to Chapter 2.97.

(E)    In the event the defendant officer or employee is protected by a policy of liability insurance, the policy shall be relied upon by the officer or employee to the extent that such policy insures the official or employee. If the officer or employee will suffer losses and/or expenses not covered by the policy, the county may provide protection for such excess losses and/or expenses. (Sec. 8 of Ord. 1987-07-27; amended by Sec. 7 of Ord. 2008-01-17; amended by Sec. 4 of Ord. 2012-05-31)