Chapter 2.20
INDIVIDUAL LIABILITY OF COUNTY OFFICIALS
Sections:
2.20.010 Findings.
The adoption of this Chapter is in the interest of the public health, safety and general welfare of all of the citizens of Skagit County, and is necessary for the protection of the county’s existing public institutions.
2.20.020 Insurance.
Liability insurance may be purchased by Skagit County for its officers, employees or volunteers out of county funds with such limits as it deems reasonable for the purpose of protecting the officers, employees or volunteers of the County from liability for personal or bodily injuries and property damage, and for all damages of any tort or cause of action of any kind whatsoever arising from their acts or omissions in the performance of their official duties. (Ord. 15709 (part), 1995)
2.20.030 Defense.
(1) Skagit County may provide legal services for the defense of any of its officers, employees or volunteers when a lawsuit against them arises out of an official act or omission 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 the defense may be provided by the office of the prosecuting attorney. Any defense incurred under this section shall not be authorized unless the officer, employee or volunteer first makes a request to the Board of County Commissioners for a defense and the Board of County Commissioners acts on the request pursuant to subsection (3) below and adopts findings approving the request pursuant to Section 2.20.040.
(2) Such defense incurred under this section may be provided to both past and present officers, employees and volunteers as long as the claim(s) in the lawsuit arose as a result of acts or omissions occurring during their tenure of office or employment. Such defense may be provided although it may turn out that the officer, employee or volunteer exceeded his or her legal rights and authorities. Such defense may be also provided even though the challenged acts or omissions are illegal, provided such acts or omissions were done by the officer, employee or volunteer in the bona fide discharge of his or her duties. Legal services will not be provided to officers, employees or volunteers of the county to defend a charge of official misconduct, willful misconduct or to defend the right to hold office.
(3) Before a defense may be provided for an officer, employee or volunteer 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. (Ord. 15709 (part), 1995)
2.20.040 Findings.
Before authorizing the defense by the County of one of its officers, employees or volunteers, the Board of Commissioners must affirmatively find all of the following:
(1) The officer, employee or volunteer must have been acting in a matter in which the county had an interest;
(2) The officer, employee or volunteer must have been acting in the performance of his or her official duties;
(3) The officer, employee or volunteer must have acted in good faith. (Ord. 16044, 1996: Ord. 15709 (part), 1995)
2.20.050 Indemnification.
Skagit County may indemnify any officer, employee or volunteer for any or all judgments or amounts agreed to in settlement which the officer, employee or volunteer is obligated to pay if the act or omission resulting in the judgment is one for which the individual would be eligible for legal services or reimbursement for legal services under this chapter. The Skagit County Commissioners shall determine whether such indemnification should be made based upon the criteria in Section 2.20.040. Skagit County may implement any payments authorized under this section directly to the party entitled to the money, rather than through reimbursement to the officer, employee or volunteer. (Ord. 15709 (part), 1995)
2.20.060 Parties to suit.
Legal Services and indemnification may be provided by the county under the Chapter irrespective of whether or not the county is either a party to the cause or itself subject to liability.
2.20.070 Severability.
If any provisions of this Chapter, or its application to any person or circumstances is held invalid, the remainder of this Chapter, or the application of the provision to other persons of circumstances is not affected.