HomeMy WebLinkAboutTort liability Coverage for SWAC Board MembersTort liability Coverage for SWAC Board Members:
SWAC Board Members are volunteers. Volunteers are covered by the memorandum of liability
insurance between the County and the Washington Counties Risk Pool.
In addition, volunteers are covered by Chapter 2.05 Jefferson County Code (INDEMNITY OF EMPLOYEE
LEGAL DEFENSE COSTS – CLAIMS FOR DAMAGES):
[(4) “Employee” means a past or present employee, officer, agent, elected or appointed official or
volunteer (for purposes of this chapter) who seeks to have Jefferson County or its provider of liability
insurance defend or indemnify him or her from a claim. “Employee” includes the marital community of a
past or present employee, officer, agent, elected or appointed official or volunteer. JCC 2.05.020(4).]
Volunteers must follow the processes and requirements in Chapter 2.05 JCC to be covered by the
County.
2.05.030 Procedure for findings and determination whether a defense is due and right of appeal.
(1) The board of county commissioners delegates the determination and making of the finding of
whether the acts or omissions of the employee complained of were, or in good faith purported to be,
within the scope of their official duties to the risk manager with the concurrence of the prosecuting
attorney.
(2) If the risk manager determines to grant a request for defense but the prosecuting attorney disagrees,
the decision of the risk manager shall control, and the county shall proceed to defend and indemnify the
employee at its own expense. However, nothing in this section shall inhibit the prosecuting attorney
from his right to appoint a special deputy prosecuting attorney pursuant to RCW 36.27.040.
(3) The prosecuting attorney shall promptly inform the employee, in writing, by delivery of the findings
and determination; such findings and determination shall be sent by first class mail return receipt
requested.
(4) If deemed appropriate by the risk manager, findings and a determination may be subject to a
reservation of rights.
(5) If the risk manager decides to deny a request for defense, the employee may appeal such
determination to the board of county commissioners by filing a written request for appeal within 10
days after receipt of the findings and determination. [Ord. 9-18 § 1 (App. A)]
2.05.040 Payment of defense costs and settlements.
(1) Where no conflict of interest exists that prohibits the prosecuting attorney from representing the
employee, the defense of the employee shall be by the county prosecuting attorney, unless a special
deputy is appointed pursuant to RCW 36.27.040.
(2) Where a conflict of interest exists that prevents the prosecuting attorney from representing the
employee, the prosecuting attorney shall appoint a special deputy pursuant to RCW 36.27.040.
(3) Pursuant to the authority granted by RCW 4.96.041 the county shall expend funds for the payment of
necessary legal fees and costs of defense, settlements and judgments resulting from claims against such
employee upon findings and a determination as provided in JCC 2.05.030 and to purchase liability
coverage for such claims and expenses pursuant to the authority granted by RCW 36.16.136 and
36.16.138. [Ord. 9-18 § 1 (App. A)]
2.05.050 Procedure for approval and payment of judgment.
Where a request for defense has been granted by findings and determination as provided in JCC
2.05.030, and the judgment is covered by and within the limits of the insurance purchased by the
county, payment by the provider of liability coverage is hereby approved and any deductible shall be
paid by the county on receipt of billing from the provider of liability coverage. If liability coverage is
unavailable, insufficient, or the judgment against the employee is for punitive damages, then approval
for payment of judgment, interest, costs, and attorney fees thereon shall be by resolution of a majority
of the board of county commissioners. [Ord. 9-18 § 1 (App. A)]