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7.90.030 Action for Malicious Prosecution <br />u rs <br />The Board of county Commissioners hereby <br />authorises the Prosecuting' Attorney to bring <br />an action or counterclaim for damages on <br />behalf of a county employee as authorised by <br />RCM 4.24.350 as hereafter amended when, in <br />the sole discretion of the Prosecuting <br />Attorney, the Prosecuting Attorney determines <br />that it is in the best interest of the county <br />to bring such action or counterclaim. The <br />Prosecuting httorney is authorised to provide <br />legal services for the employee and to expend <br />county funds to prosecute said action or <br />counterclaim. <br />1.9D.040 Defenses - Determination of Right <br />o ease a nndwon ca pan <br />The Board of County Commissioners hereby <br />delegates to the prosecuting Attorney the <br />final determination of any and all questiona <br />relating to the following issuess <br />(1) Whether acts or omissions performed by a <br />county employee were or in good faith <br />purported to be within the pcops of that <br />person's official County dutiesr and <br />(2) Whether, for purposes of tfm issues <br />raised by an action or proceeding for <br />damages, a particular person is, in fact, <br />a county employee. <br />2.90.050 Defense - Res reaentation b <br />Prosecuting Dr"Y <br />Where a county employee or his or her marital <br />community is sued for an act determined by <br />the Prosecuting Attorney to be within the <br />scope of such officer's or employee's <br />official county duties, the Prosecuting <br />Attorney shall be responsible for defense of <br />that person or marital community, and shall <br />PAGE THREE KITTITAS COUNTY COURTHOUN • ROM <br />ULEl196NIIG. W"HINGTON ! <br />TB4 OMW He 99mil <br />