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HomeMy WebLinkAbout087 86 C\a:;")~ ~ _t ,1 t'y . ~ RESOLUTION NO. 87-86 A RESOLUTION REGARDING INDEMNIFICATION AND TORT REPRESENTATION WHEREAS, it is necessary to make orderly provision for the legal and financial protection of County officers, employees and their marital communities from personal liability for acts or omissions committed by such officers and employees while within the scope of their official County duties, therefore, BE IT RESOLVED, that: Section 1. Consistent with the powers vested in the County legislative authority by RCW 36.16.134, that, whenever an action or proceeding for damages is brought against any officer or employee of the County where it has been determined pursuant to Section 2 of this resolution that such action or proceedings arose from acts or omissions while performing or in good faith purporting to perform such person's official duties and when such officer or employee has requested defense of the action or proceeding at the expense of the County, the Board of County Commissioners shall be deemed to have granted such request. Upon such granting of the request, the necessary expenses of defending the action or proceeding by the prosecuting Attorney shall be paid by the County and any final money judgment against said officer or employee shall be paid by the County. Section 2. The Board of County Commissioners shall make the final determination of any and all questions relating to the following issues: (a) Whether acts or omissions performed by a County officer or employee were or in good faith purported to be within the scope of that person's official County duties; and (b) Whether for purposes of the issue raised by an action or proceeding for damages, a particular person is in fact a County officer or employee. Section 3. Where a County officer, employee or his or her marital community is sued for an act determined pursuant to Section 2 of this resolution to be within the scope of such officer's or employee's official duties, the Prosecuting Attorney shall be responsible for defense of that person or marital community, and shall direct recommendations, if any, for settlement of such suits to the Board of County Commissioners. In arriving at any such recommendation for settlement, the Prosecuting Attorney shall consult with the County agency most involved in the litigation and/or named as a party to the lawsuit. Section 4. Except as specifically directed by the Prosecuting Attorney, no County agency and no County officer or employee may engage in any of the following acts with respect to actions or proceedings for damages defended pursuant to this resolution: (a) Negotiate or otherwise affect the settlement of such action or proceeding for damages against the County; (b) Make an admission of liability involving such an action or proceeding against the County; or 1 ".,:«t '. ":. '~'. 'frt:U· .:.~ :¡If,þ . .- ...... .." ':~J~ Of ~-~- #- '. (c) Discuss with persons who are not County employees incidents which could reasonably lead to actions or proceedings for damages against the County, its officers or employees. Section 5. Should any section, subsection, paragraph, sentence, clause or phrase of this resolution be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. DATED this ;7~day of November, 1986. "",.'" w ... I' '"' J_, JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ,"t-/)-1.4~"I'--" ( 0 halrman ~ B;' . B 0 , Member POSITION OPEN 2 , 1,.. 18" (l", ' ,t· :,1,' " .,.', " ..'~J' ;!503 ....: (!C': ~1 ~~ IT .' (p , '. T j\.(.ß-)¡ 11/1,,/1f . - vIII ~. a7.. &. BEFORE THE BOARD OF JEFFERSON COUNTY COMMISSIONERS In the Matter of FRANCES F. HANSEN and PATRICIA KNAPP COMMISSIONERS' FINDINGS CONCLUSIONS AND DECISION THIS HEARING came on before the undersigned Commissioners on November 3, 1986. Present at the hearing were Frances Hansen, Jefferson County Treasurer; patricia Knapp, Jefferson County Auditor; John F. Raymond, Jefferson County Prosecuting Attorney; and Larry Dennison and B. G. Brown, Commissioners. Testimony was taken from Frances Hansen and Patricia Knapp. Having conducted the hearing and having reviewed the records herein, the Board of Commissioners make the following FINDINGS OF FACT I. In the matter of the Educational School District No. 114 vs. Frances Hansen, et ale the acts or omissions performed by Frances Hansen and patricia Knapp were, or in good faith purported to be, within the scope of those persons official County duties. II. Frances Hansen and patricia Knapp were duly elected County officers at all times pertinent the the issues raised in the above-mentioned complaint for damages. 'i.~... ,':<1., 12 ~,. 00 , . '1"--'0 "...........~.~ · r .... ~~....: DECISION It is the decision of the Board of Jefferson County Commissioners that, pursuant to RcW 36.16.134 and Jefferson County Resolution No. ~7-86, the acts alleged in Educational School District No. 114' s complaint for damages were within the scope of the duties of the office of Jefferson County Treasurer and Auditor. That the Prosecuting Attorney shall be responsible for defense of these persons and shall, if considered appropriate, recommend settlement of those suits to this Board. Finally, that any money jUdgment against said officers shall be paid by the County. DATED this ~ day of November, 1986. ATTEST: ~J B'. G. B· , Me:er POSITION OPEN ~ 10'-'t~Ú ·f¥'1 .-. r-'1'4, "r iA" .... ~..