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Home My WebLink AboutResolution 98-155-CCr � BOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS AGAINST CERTAIN COSTS STEMMING FROM DISCIPLINARY PROCEEDINGS RECITALS: RESOLUTION NO. 98-�-55-CC WHEREAS, judges, court commissioners and judge pro tems can be subjected to disciplinary proceedings, exposing them to costs of defense arising out of the performance or failure of performance of duties for, or employment with Grant County (the "County"), said performance being in good faith and within their duties and responsibilities; and WHEREAS, the County's insurance coverage/risk pool may not cover such costs in all cases for judge pro tems; and WHEREAS, the Prosecuting Attorney and Deputy Prosecuting Attorneys can be subjected to disciplinary proceedings, exposing them to costs of defense arising out of the performance or failure of performance of duties for, or employment with the County, said performance being in good faith and within their duties and responsibilities; and RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 1 f:\civil\work\resoluti\protem.ind � WHEREAS, the County's insurance coverage/risk pool may not cover such costs in all cases for the Prosecuting Attorney and Deputy Prosecuting Attorneys; and WHEREAS, the litigious nature of society has brought about an increase in the number of parties utilizing the disciplinary process to harass, vex and annoy public servants dutifully performing their tasks; and WHEREAS, unwarranted referrals to disciplinary boards can have a chilling effect on parties willing to perform as public servants in the subject capacities; and WHEREAS, it is in the best interests of the County to establish a policy for the defense and indemnification of any person acting as a judge pro tem, or the Prosecuting Attorney and Deputy Prosecuting Attorneys, against costs of defense for disciplinary proceedings, including without limitation attorney fees and any obligation for payment arising from such disciplinary proceedings in appropriate cases; and WHEREAS, the Board of Commissioners (Board) desire to establish a policy for the defense and indemnification of any person acting as a judge pro tem, or the Prosecuting Attorney and Deputy Prosecuting Attorneys, against costs of defense for disciplinary proceedings, including without limitation attorney fees and any obligation for payment arising from such disciplinary proceedings in appropriate cases. Now, Therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON, as follows: 1. Pur ose. The purpose of this resolution is to protect County officials and employees from personal liability and costs associated RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 2 f:\civil\work�resoluti\protem.ind with disciplinary proceedings regarding acts committed by such individuals in good faith and within the scope of their official County duties and responsibilities. Judge pro tems are considered "County employees" for purposes of this resolution. 2. Service on official or emplo,yee. Any County official or employee who is served with notice of a complaint before a disciplinary board against any official or employee alleged to be acting in their official capacities, shall immediately deliver a copy of same to the Board of Commissioners' Office. The Board of Commissioners' Office shall immediately deliver a copy of same to the Civil Division of the Prosecuting Attorney's Office. As soon as practicable, said official or employee shall provide a written report containing all reasonably obtainable information with respect to the time, place and circumstances of the incident or occurrence precipitating the disciplinary process, including without limitation, the names and addresses of all knowledgeable County personnel, affected parties and available witnesses. 3. Representation. To have the benefit of legal representation and indemnification in the disciplinary process, the judge pro tem or prosecuting attorney or deputy prosecuting attorney, shall have performed or acted in good faith, with no reasonable cause to believe such conduct was unlawful, and within the scope of such RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 3 f:\civil\work\resoluti\protem.ind person's service to or employment with the County: PROVIDED, That such individuals discharge their obligations as set forth in Section 4 below. 4. Cooperation. All County officers and employees are required to cooperate fully and in good faith with the County and its attorneys in the investigation and defense of claims and allegations as set forth herein. Such assistance may include, but is not limited to, the providing of testimony and exhibits for use in litigation. The County's defense and indemnification as set forth herein is predicated on the County official or employee fully cooperating with County attorneys in coordinating in�ormation pertinent to the subject claims/allegations. 5. Forbidden Acts. Except as specifically directed by County's attorneys, no County official or employee acting individually or collectively, may engage in the following acts: a. Negotiate or otherwise affect the settlement of a claim, disciplinary proceeding, allegation or lawsuit against the County; b. Make an admission of liability involving a claim, disciplinary proceeding, or lawsuit against the County; RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 4 f:\civil\work\resoluti\protem.ind c. Discuss with persons who are not County employees incidents which could reasonably lead to claims, disciplinary proceedings, or lawsuits against the County; or d. Discuss with persons who are not County employees or officials, incidents which are the subject of pending claims, lawsuits or disciplinary proceedings. 6. Eli ib�ilitX. The Board shall resolve any and all questions relating to the following issues: a. Whether a County official or employee acted in good faith and within the scope of his/her official duties; and b. Whether, for purposes of issues raised by a particular allegation, a person is in fact a County official or employee. 7. Responsibility for costs and ex enses. Any reasonable costs and expenses incurred in the provision of legal representation and indemnification pursuant to this resolution shall be paid from funds appropriated to the particular County department/office employing or retaining the affected County officer or employee. 8. Exclusions. This resolution shall not apply where a claim or allegation is covered fully by insurance. RESOLUTION PROVIDING FOR INDEMNIFiCATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 5 f:\civil\work\resoluti\protem.ind m 9. Conflicts. Where a possible conflict exists between the County and the County official or employee, acting in good faith within the scope of his or her official duties, the Prosecuting Attorney may at his or her sole discretion, appoint outside counsel as a special deputy prosecuting attorney to represent such persons. If the Prosecuting Attorney is unable to obtain the services of deputy prosecuting attorney from another county, he or she will confer with the Board prior to retaining the services of private counsel. In such cases, the County shall be responsible for payment of costs incurred in such defense. 10. Insurance. The County may acquire insurance or rely on a funded self-insurance program to finance the duties and responsibilities set forth herein. 11. Reimbursement. The County reserves the right to seek reimbursement of the aforementioned costs and expenses where a court or disciplinary board has found that the County official or employee which is the subject of the disciplinary proceeding was not acting in good faith or within the scope of their employment with, or duties for, the County. RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 6 f:\civil\work\resoluti\protem.ind ADOPTED by the Board of County Commissioners of Grant County, Washington, this �� day of October, 1998. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON . LeRoy . Allison, Chair ��—��. ��r2,��'��r'/� ��Helen Fa�her ' ember ( � �.� �'� Tim Snea , M ber ATTEST: Peggy g, Clerk the Board RESOLUTION PROVIDING FOR INDEMNIFICATION OF JUDGE PRO TEMS AND COUNTY ATTORNEYS IN DISCIPLINARY PROCEEDINGS - 7 f:\civil\work�resoluti\protem.ind