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RESOLUTION NO. 12-79
DEFENSE OF COUNTY OFFICIALS AND DEPARTMENT HEADS
WHEREAS, there has been a proliferation of lawsuits filed
against public officials and employees in this state related to
performance of their official duties; and
WHEREAS, it is in the best interests of Jefferson County to
provide legal defense for and to indemnify against judgment its elected
officials and department heads who are subjected to lawsuits or other-
wise exposed to liability while performing their duties on behalf of
the county; and
WHEREAS, it is the intention of the county to provide for
legal defense and/or indemnification only to the extent that insurance
coverage is inadequate or unavailable; Now, Therefore,
IT IS HEREBY RESOLVED that:
(1) Subject to the conditions s~t out in this resolution,
Jefferson County shall proviQe counsel thrqugh the office of the
Prosecuting Attorney or shall provide funds! for private legal counsel
to defend county elected officials and dep~rtment heads against claims
or proceedings, including lawsuits and app~als, arising from acts,
errors or omissions while performing, or in! good faith purporting to
perform, their official duties.
(2) Subject to the conditions set out in this resolution,
Jefferson County shall indemnify and pay th~ judgment against any
county elected official or department head ~rising from acts, errors
or omissions while performing, or in good f~ith purporting to perform,
their official duties.
(3) The Board of County Commissipners shall determine
whether the claim or proceeding arose out o~ or was incident to acts,
errors and/or omissions occurring while the individual was performing,
or in good faith purporting to perform, his or her official duties.
Only if the incident arose while the said individual was performing,
or in good faith purporting to perform, his or her official duties
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Resolution No. 12-79
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shall the Board of County Commissioners authorize defense of the said
individual or indemnification and payment of any judgment.
(4) If the Board of County Commissioners determines that
the claims or proceeding shall be defended, the Board shall determine
whether defense to the said claim or proceeding shall be made through
the office of the Prosecuting Attorney or by private legal counsel.
(5) Where private legal counsel is authorized to defend
the said claim or proceeding, the Board of County Commissioners shall
select counsel and shall enter a written contract with the attorney.
The contract shall be for the reasonable and necessary costs of the
defense, including attorney's fees and other expenses required for
a proper defense.
(6) Defense of claims or proceedings, either by the
Prosecuting Attorney or by contract with private legal counsel, shall
only be provided by the county to the extent that insurance coverage
is non-existent or insufficient. Payment of any judgment shall be
made by the county only to the extent that insurance coverage is non-
existent or insufficient. The language of this paragraph is intended
to authorize payment by the county only where insurance does not exist
or when it is inadequate. It is not intended as a replacement for any
insurance, and shall not relieve any insurance company of its obligations
under any policy of insurance.
(7) No expenditure of county funds shall be authorized by
the Board of County Commissioners where the action is a suit on a
private tort or a prosecution for crime or related to official misconduct.
DATED this '3~\ day of January, 1979.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
SEAL:
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Carroll M. Mercer, Chairman
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B. G. Brown, ,ember
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A. '. 0 M a, Member
ATTEST:
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