(A) The County will indemnify and defend its employees, officers and agents at no cost to those individuals against legal action or a judgment taken against them, while carrying out their official or individual duties providing that the actions taken were within the scope of, and arising out of the performance of that individual's official duties and responsibilities.
(B) Determination of whether the actions taken were within the scope of, and arising out of the performance of official duties and responsibilities shall be determined by an investigation conducted by the Board of Commissioners' Attorney.
(C) Limitations - Indemnification shall include any judgment in a court of law that arises out of a civil action made against an employee, officer or agent. Indemnification shall not extend to:
(1) Acts of malice, intentional, willful, wanton, or criminal acts; acts calculated or intended to accrue personal benefit which are beyond the scope of the duties or authority of the employee, officer or agent unless exonerated by a court.
(2) In the absence of a judicial determination, a determination may be made by the Commissioners' Attorney in writing may determine whether the act is indemnified. That finding shall be final unless rejected or modified by the Board of Commissioners. A finding shall be final unless rejected or modified by the Board of Commissioners. A copy of the determination shall be provided to the employee, officer or agent within 10 (ten) business days of the determination.