(A) Defense.
(1) The county may provide legal services for the defense of any of its officers, officials, agents or employees, excluding the Board of Education and its employees, when a suit against them arises out of an of official act if the requirements of this section are met. Whether a defense will be provided by the county will be determined by the Board of 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 these services may be provided by the Legal Department, or there may be reimbursement for the costs of legal services incurred.
(2) The services or reimbursement may be provided to both past and present officers and employees as long as the cause of action arose as a result of acts or omissions occurring during their tenure of office or employment. The defense or reimbursement may be provided although it may be ultimately determined that the officer or employee exceeded his or her legal rights and authorities. The defense may so be provided even though the result at a trial at law clearly shows that the acts were illegal.
(3) Before a defense may be provided for an officer or employee, the decision of the Board of Commissioners must be supported by findings, in the record, qualifying the action as in conformity with the standards established by this section.
(B) Indemnification. Any officer, official, agent or employee of the county may be indemnified for all costs and judgments which he or she is actually obligated or called upon to pay if the act or omission resulting in judgment is 1 for which the individual would have been eligible for legal services or reimbursement for legal services under this section.
(C) County not a party. Legal services, reimbursement and indemnification may be provided by the county under this section irrespective of whether or not the county is either a party to the cause or itself subject to liability.
(D) Findings prior to authorization. Before authorizing the defense, reimbursement or indemnification the Board of Commissioners must affirmatively find the following:
(1) The official or employee must have been active in a matter in which the county had an interest;
(2) The official or employee must have been active in the discharge of a duty imposed or authorized by law; and
(3) The official or employee must have acted in good faith.
(E) Insurance. This section and policy shall not be interpreted in any way to relieve any insurance company of its obligations under any insurance policy to protect the interests of any insured under such policy or to reduce or eliminate the rights of any officer or employee of the county against any other party. Furthermore, this section shall not be interpreted as a waiver of any rights the county has against any party.
(Prior Code, § 31.01) (Ord. passed 5-7-1979)