(A) The recitals in the ordinance codified herein are incorporated by reference herein.
(B) This section repeals and supersedes Ordinance 2-1985 and Ordinance 4-1989 and this section shall be the controlling ordinance of the county government pertaining to legal defense and representation matters, superseding all others.
(C) Whenever a county officeholder and/or his or her employees or any attorney described in the recitals in the ordinance codified herein shall be sued for a loss occurring because of acts or omissions attorney described in the recitals in the ordinance codified herein shall be sued for a loss occurring because of acts or omissions within the scope of his or her employment or contract, regardless of whether the employee or attorney can or cannot be held personally liable for the loss, then the county shall provide, at its expense, a legal defense for said officeholder, attorney and/or employee. In the event a court of competent jurisdiction enters a judgement against such person, the county shall pay said judgment, and all court costs incurred.
(D) Upon receipt of notice of such suit the affected officeholder, employee or attorney shall submit the documentation pertaining to the law suit to the Board of Commissioners. The Commissioners shall have the exclusive right to select and retain defense counsel of its choice to represent the affected officeholder, employee or attorney.
(E) This section shall apply to suits on and after this date as well as any suits pending on this date.
(F) This section shall not apply to criminal acts of the officeholder and/or his or her employees.
(G) The benefits and protections of this section shall not apply to any officeholders or employees of any township level of government in the county, nor to any attorneys under contract with any township government.
(H) The benefits and protections of this section shall not extend to any circumstance wherein the county is liable for payment of punitive damages and/or attorney fees awarded against any officeholder or employee by a court of competent jurisdiction unless the Board of Commissioners, in the exercise of its sole discretion, determines otherwise and assumes the obligation to pay any such sums, in whole or in part, after being presented with a request therefor, along with supporting reasons and evidence, by the affected person.
(I) The portions of this section referencing attorneys are expressly applicable and limited to those attorneys at law, duly licensed in the state, who perform services for any office of the county government pursuant to a written contract. The commissioners expressly state the court-appointed Public Defenders, prosecutors and deputy prosecutors are also afforded the protections and benefits of this section in the event that state agencies (e.g., Attorney General of Indiana for the Prosecuting Attorney and his or her deputies) do not provide the judgment and cost payment obligations and the legal representation for them that is outlined herein.
(J) Each attorney, law student or other person subsequently providing services to, or for the benefit of, the Clark Legal Self-Help Center (the “Program”), shall be entitled to the benefits and protection of Ordinance No. 11-1992 as covered persons thereunder with respect to any third-party claims for which benefits otherwise would extend under such ordinance. Except as expressly provided in this division (J), this section shall remain in full force and effect. No volunteer shall be entitled to benefits or protections under this section regarding any third-party claims for which an eligible person would not have been afforded coverage under this section.
(Ord. 11-1992, passed 11-17-1992; Ord. 7-2010, passed 5-27-2010)