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Home My WebLink AboutHistorical Kittitas County Indeminification Policy-Resolution 87-20ut; to jjj�t V V to V. avr6uti"Cu, jju�xbvu 01144 b4glivu. VVI 4'"+ $08V 7U. PROSECUTOR PITTS LIABILrry Moved Resolution No. 87-20 a resolution to adopt a new cbapter in the Kittitas County Code, in the best interest of Kittitas County that those employed or otherwise participating in County business and activities be Indemnified from potential liability arising out of their actions be approved. Seconded, passed and signed. Val 24, Page 91-97, PROSECUTOR PITTS- TRAVEL . .. T, I . . - .1 .. . k- - . - - .. - I - - 1 2 .3 L. 1 2 3 4 5 6 7 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 1 CHIMER REEOLilT 1011 LSO. 2-7 IN its ADOPTION Of NEM 2.90 Of 1<iTTIIAd Cohn" CODE, 1 i -11m"As' the Board of xittitas County Coa►sissioners has determined tbat in order to persuade the best qualified citizens to work for or otherwise participate in the wide and varied aCtivities in which kittitas County does! and may in the future ager and yW8ER><A$, in order that such employment and other participation in such activities will be encouraged if Iittitas County provides a method by which those engaging. in County business and activitia• may be indemnif led from potential liability arising from their actions, and URU,kZhB, the hoard of Eittitas County Commissioners has determined that it is in the best interest of littitas county that those employed or otherwise participating in County business and jetivities be indemnified fCOW PotOntial liability arising out of their actions, Mill, TRSRFORZ'• BE IT ylgMy RESOLVED by the Board of County COmmissioners for the County of sittitas that the following provisions be DAA) A. � yesaoa u'ezoN 7- z O mmffA@ Owmmn •W AGS Nf ■ITTIVAS OWA:Y Ommm4mm ' #OOM ii►.1MIDw m $0-M, (c1 the Prosecuting Attorney Shall ievestx.- gate the claim and shall sake a recom- mend*tion to the board of littitas {County Coialssioners regarding disposi- tion of said claims except, if a lawsuit against the County, its departments, officials, employees or agents, is filed or served on the County before such recommendation for disposition is made, or in the event that the prosecuting Attorney anticipates that a lawsuit will be filed against the County, the Prose- cuting Attorney, in his discretion, may not make a recommendation of disposition of the claim. (d) go claim shall be paid, rattled, or denied until the Prosecuting Attorney has made a reccm ndation of dimposi- tion. The final decision to deny, gay, or settle a claim shall lie with the Board of Kittitas County Commissioners. (a) The board of Uttitas County CAmmia- sioners shall notify the claimant of the disposition of the claim in writing by mailing such notice to the claimant at the address listed on the claim. AWPTEQ this / 0 day of February, 1987. BOARD OF KITTITAS COUWY COMMISSIONER$ member DAVID A. RTTS RESOLUTION NO. � 7 � Z {j rirrrr+►a oorwrr rRem"I PAGE SIX X WQWrr cwE PINCK . Noor I ELLEMxIiO1Ci. WAKWW*T0k W 6 7 9 9 :o 1 !2 r3 �4 lead to actions or proceedings for damages against the County or county eaploysesi All county employees, officers and governmental entities shall immediately mediately report to the prosecuting circumstances of any accident involving a county vehicle or other county property and shall forward to the Prosecuting kttorney copies of all accident or investigation reports related to such accidents. Z +30.070 Claims - Information Required procoaure is) *0 claim shall be paid by•Fittitas Cowrty until a written claim has boon filed With the Office of the Board of xittitas County Commissioners which claim shall include the name and address of the claimants the name and address of the injured person or owner of property damaged if different than the name of the clhinantj the date* location, and value of the claimed 106$1 the cause of the lossf a description of the injury or property damaged suffi- cient to allow an evaluation of the 1osal and such other information as is necessary for the County to determine why the County may be liable for the claimed loss and the value of the loss. Claim forms may be provided through the office of the board of Kittitas CauVtY Commissioners. (b} Upon receipt of a claim, the Board of Cnunty cosmissione3rs shall assign a claim number, shall file the original clafia, and shall transmit collies of said claim to the department or depart- ments of the County involved in the loss and a copy to t ng Attorney. RESOLUTION NO. iU 0 PAGE PIYL DAVID A. PM WT OVAS COUMV 9"MMMaTv1i WITITAS DM"TY 00JKT"0M lt.Jj1m"UF4, WAM3$10TON MM Yri.E►1101H M /64."11 direct r_ecotwendations, if any# for settlement of such snits to the Board of County Commissioners. in arriving at any such recommendation for settlement, the Prosecuting Attorney &hall consult with the County agency most involved with the litigation and/or named as a party to the `lawsuit. 3.40.064 Defense - Cooperation with Froswutlnq Utorney All County departments, divisions, officials, officers, agentso boards of directors, other county entities actinq under the auspices and control of xittita■ County are directed to cooperate fully with the Prosecuting Attorney in all matters including investigation involving disposition of claims and the settlement and defense of claims lawsuits. All such individuals or entities are directed to provide such information as requestod by the Prosecuting Attorney in defense of claims and lawsuits. Except as specifically directed by the Prosecuting Attorney , no County esplayee, officer or county governmental entity may engage in any of the following acts with respect to actions or proceedings for damages defended by Kittitas County' (1) Negotiate or otherwise affect the settlement of such an action or pro- ceeding -for damages against the Countyi 12i Make an admission of liability involving such an action or proceeding for damages against the Countyx (3) Discuss with persons other then the prosecutor or administrators of county entities effected by such actions or pro- ceedings incidents which could reasonably PMS RESOLUTION Mo. 9J--ZO t7�AYlD A. trm,rOS Bourn, Meet" PAGE FOUR 917TITA8 COUkTV (;prp "OUIR . TOM ELO45WR6. WASH MRTO1r IWO MEMME me "ZM1 7.90.030 Action for Malicious Prosecution u rs The Board of county Commissioners hereby authorises the Prosecuting' Attorney to bring an action or counterclaim for damages on behalf of a county employee as authorised by RCM 4.24.350 as hereafter amended when, in the sole discretion of the Prosecuting Attorney, the Prosecuting Attorney determines that it is in the best interest of the county to bring such action or counterclaim. The Prosecuting httorney is authorised to provide legal services for the employee and to expend county funds to prosecute said action or counterclaim. 1.9D.040 Defenses - Determination of Right o ease a nndwon ca pan The Board of County Commissioners hereby delegates to the prosecuting Attorney the final determination of any and all questiona relating to the following issuess (1) Whether acts or omissions performed by a county employee were or in good faith purported to be within the pcops of that person's official County dutiesr and (2) Whether, for purposes of tfm issues raised by an action or proceeding for damages, a particular person is, in fact, a county employee. 2.90.050 Defense - Res reaentation b Prosecuting Dr"Y Where a county employee or his or her marital community is sued for an act determined by the Prosecuting Attorney to be within the scope of such officer's or employee's official county duties, the Prosecuting Attorney shall be responsible for defense of that person or marital community, and shall PAGE THREE KITTITAS COUNTY COURTHOUN • ROM ULEl196NIIG. W"HINGTON ! TB4 OMW He 99mil Included in the xittitas County Code under Title 7 or Chapter 2.90 COUNTY gKZM ,M1W-,ZMPL0YU LIADILITIEO. 2.90.010 Definitions Th lections 2.20-770 through 2.90.070 the following definitions shall applys Is) •county' means, unless otherwise specified, this County of Wittitas. (b) *county eaployee' means any officer, official, agent, servant, employee, member of a board of directors, commissioa, consortium or council created, colrtrolled or acting under, the auspices of Kittitas County, including any persons acting for xittitas County in any such entities which are created by interagency, intesrcounty or other intergovernment efforts or agreements. 2.90.020 Defenses - Persons to Whom Provided whenever an action or proceeding for damages is brought against any county -employee where it has been determined by the Prosecuting Attorney that such action or proceeding arose from acts or omissions while perforaing•or in good faith purporting to perform his, her or its official duties and when such county employee has requested defense of the action or proceeding at the expense of the County. the Hoard of County Commissioners shall be deemed to have granted such request. The necessary expenses of defending the action or procee�fing by the Prosecuting Attorney shall be paid by the County and any final money judgment against said county employee shall be paid by the County. RESOLUTION NO. V-20 PAGE TWO DAVID A. PITT$ IUTTTiAs wi m POowanas KITTITAS 0"TY COURMODU • MW MI to f , WA"MGTON .ea.