A. Indemnification. The county will defend, hold harmless and indemnify any officer or employee of the county from and against any and all claims and civil liability for alleged acts, errors or omissions of any nature occurring while acting in authorized governmental or proprietary capacities and in the course and scope of employment or authorization of the county. The county may fulfill these obligations by insurance, by a program of self-insurance, or by a combination of these methods.
B. Exclusions. The following exclusions shall apply to the indemnification and other benefits provided in subsection A:
1. Claims or losses which are attributable to officers or employees working for noncounty employers, even when so authorized under the county merit system rules and personnel policies, except:
a. Law enforcement officers who while so employed or while in any off-duty status, take police action in accordance with departmental rules and policies.
b. The exception of this subparagraph shall be applicable only when said law enforcement officer has protected himself and the county by use of a form as follows:
AGREEMENT
The following agreement is made in consideration of the below-named Deputy Sheriff agreeing to perform security-related tasks for the below-named employer or contractor during said Deputies' off-duty hours.
The below-named employer or contractor agrees that he will indemnify, save harmless, and defend the below-named off duty Deputy Sheriff and Pima County and all of its agencies, departments, officers and employees from and against any and all claims by or on behalf of any third person or entity arising out of any alleged act or omission of said Deputy Sheriff occurring at the direction of and within the scope of his employment, or authorization by said employer or contractor.
_____ Employer or Contractor | |
_____ Off-Duty Deputy Sheriff | |
_____ Date |
Received Pima County Sheriff Department: | |
by: _____ | |
Date: _____ |
2. Claims or losses that arise out of or are directly attributable to any act or omission determined by a competent court to be a felony by the officer or employee.
C. Officer and Employee Defined. For the purpose of the indemnification and other benefits provided by this chapter, each of the following will be treated as an "officer or employee of the county" for the purposes of this chapter:
1. Any officer, employee or agent of the county and any authorized volunteer working under the direction of an officer, employee or agent of the county;
2. Any member of boards or commissions of the county;
3. The spouse of the above-named individuals where a claim is made on the spouse for an incident arising solely out of the action of the named officer or employee;
4. No person shall be entitled to indemnification or other benefits under this chapter if that person has a contractual relationship with the county which specifically provides otherwise, or which provides that the person will indemnify. defend, hold harmless and/or insure the county against such liability.
D. Effective Date. The indemnification and other benefits provided by this chapter are applicable to claims and liability arising from occurrences on or after the 28th day of September, 1978.
E. Duties of Persons Claiming Benefits Under This Chapter. The county shall have no duty to defend, save harmless, or indemnify any persons unless and until the person claiming benefits performs the following duties:
1. In the event of an occurrence which may reasonably be expected to give rise to liability or a claim of liability, written notice containing the particulars shall be forwarded to the county counsel unit of the county attorney's office on a form provided by the county attorney. The notification shall contain the identity of the employee or other party claiming benefits and all reasonably obtainable information with respect to the time, place and circumstances of the occurrence. It shall include, if available, the name, address and telephone number of any person who may claim injury, and the names, addresses and telephone numbers of all potential witnesses. Such communication shall be confidential, within the purview of the attorney/client privilege. Such written notification shall be delivered to the county attorney within three working days. Any occurrence involving death or bodily injury to a third party shall be reported immediately by telephone to the risk manager during duty hours.
2. If claim is made or suit is brought against an employee or other party claiming benefits hereunder, the person shall immediately forward to the county attorney's office every demand, notice, summons or other process received by him or his representative. The party shall also inform the appropriate department head. Failure to give timely notice shall relieve the county of any liability pursuant to this chapter.
3. Any employee or other party claiming benefits hereunder shall cooperate with the county and upon the county's request assist in making settlements, in the conduct of suits, and in enforcing any right of defense, contribution or indemnity which may be owing to said employee by any third person or organization. The employee or other party claiming rights hereunder shall not make any written or oral statements or agreements before or after an occurrence which would prejudice his or the county's right to defense, contribution or indemnification by a third person or organization or which would prejudice the county's right to subrogation to those rights.
4. The employee or other party claiming benefits hereunder shall attend meetings, hearings and trials and assist in the securing and giving of evidence and obtaining the attendance of witnesses. The employee shall not, except at his own cost, voluntarily make any payment, assume obligation, or incur any expense other than for first aid at the time of the occurrence.
F. Subrogation. In the event the county makes any payment or incurs any expense on behalf of any party claiming benefits hereunder, the county shall be subrogated to that party's rights of recovery therefor against any third person or organization. Each party claiming benefits hereunder shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights to himself and the county. Each party shall do nothing to prejudice such rights.
G. Actions by Those Claiming Benefits Under This Chapter. No action shall lie against the county in reliance on this chapter. Furthermore. no action shall lie against the county in reliance on this chapter until the amount of the parties' obligation to pay shall have been finally determined either by judgment against the person claiming benefits hereunder after actual trial and appeal or by written agreement of the person claiming benefits hereunder, the claimant and the county.
H. Assignment. Through this chapter, the county incurs certain obligations to its officers and employees and grants them certain rights. These rights are not assignable, and no right or cause of action is granted to any person other than officers and employees of the county as defined in subsection C of this section. Any attempt by an employee to assign or otherwise transfer rights pursuant to this chapter shall operate to cancel and render null and void such rights.
I. Protection. Any protection which is afforded under this chapter shall be excess over and above any valid and collectible insurance. It is the intention of this chapter that the protection provided in this section shall be secondary and effective only if there is not insurance or other indemnification covering an alleged claim.
J. Limitation of Liability. Nothing in this chapter shall:
1. Impose any liability on the county or the departments, agencies, boards and commissions or any officers, agents or employees of the county unless such liability otherwise exists;
2. Impair any defense the county or the departments, agencies, boards and commissions or any officers, agents or employees of the county otherwise may have.
K. Reservation of Right to Amend. The board specifically reserves the right to alter, amend or repeal this chapter.
L. Limitation on County Exposure. The county's liability pursuant to this chapter shall be limited to the sum of one hundred thousand dollars per occurrence, inclusive of costs and attorney's fees, unless the county has procured insurance to provide for any liability in excess of that amount and such coverage is effective with respect to said occurrence.
M. Distribution of Claim Documents. The clerk of the board of supervisors and any other county department, officer or employee who receives claim forms, complaints, legal process, or other documents relating to liability claims against the county, shall forward copies of the claims to the civil division of the county attorney's office, the risk manager, as well as other parties who normally receive such communications within the normal course of business.
(Prior code § 33.04.040)