Defense and Indemnity of County Officers and Employees BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
RESOLUTION REGARDING DEFENSE AND ]
INDEMNITY OF COUNTY OFFICERS AND ] RESOLUTION NO 19- (07
EMPLOYEES
WHEREAS Washington law permits and in some instances requires a County to provide legal
representation for any of its officers or employees who are sued for actions taken in good faith
and in the course of their duties, and
WHEREAS Washington law further obliges a County to indemnify its officers or employees for
non-punitive damages awarded against them in such cases, and
WHEREAS Lewis County would have difficulty recruiting and retaining qualified officials and
employees, were it to deny such people indemnification and defense for acts or omissions of
the type addressed in this Resolution, and
WHEREAS Lewis County Resolution 03-042 may not address all circumstances in which a County
officer or employee may be entitled to such defense and indemnification
NOW THEREFORE BE IT RESOLVED that Resolution 03-042 hereby is repealed and replaced by
the following
Section 1. REQUEST FOR INDEMNIFICATION AND DEFENSE. In all instances in which Washington
law so permits, and whenever a civil action or proceeding seeks a monetary award against any
officer or employee of the County or against such officer or employee's marital community, the
Board of County Commissioners shall consider a request to indemnify and defend the officer or
employee and his (or her) marital community—provided that the employee shall provide the
Risk Manager or designee with a copy of the summons and complaint within five working days
of service upon the employee, along with a written request for defense and indemnification, for
determination by the Board
Section 2. LEGAL DETERMINATION OF THE PROSECUTING ATTORNEY The Prosecuting Attorney
shall advise the Board whether the challenged actions and/or omissions arose while the officer
or employee was in good faith performing or purporting to perform his (or her) official duties
Section 3 GRANT OF INDEMNIFICATION AND DEFENSE BY BOCC If the Board finds that the
challenged actions and/or omissions of the employee were taken in good faith, and were taken
either in the course and scope of his (or her) official duties, or in the good-faith belief that they
were in the course and scope of the person's official duties, the Board shall grant the officer's
or employee's request Upon the grant of such request, the necessary expenses of defending
the action or proceeding shall be paid by the County, and any final non-punitive money
judgment or other non-punitive monetary award against said officer or employee or said
marital community shall be paid by the County, unless the finder of fact determines that the
acts or omissions in question did not arise from good faith performance of official duties The
Board of County Commissioners may agree to pay an award for punitive damages
Section 4. CONDUCT OF THE DEFENSE,SETTLEMENT NEGOTIATIONS. Where a County officer or
employee or his (or her) marital community is granted a defense and indemnification pursuant
to Section 3 of this Resolution,the Prosecuting Attorney shall be responsible for defense of that
person or marital community and shall direct recommendations, if any, for settlement of such
actions to the Board of County Commissioners In arriving at any such recommendation for
settlement,the Prosecuting Attorney shall consult with the County agency most involved with
the litigation and/or named as a party to the action or proceeding and with the County's Risk
Manager The Prosecuting Attorney may permit such other legal counsel as the Prosecuting
Attorney may deem appropriate to provide such defense and to assume responsibility for such
settlement negotiations
Section 5: PROHIBITED ACTS BY THE AFFECTED OFFICER OR EMPLOYEE Except as specifically
directed by the Prosecuting Attorney or other lawyer representing the County, no County
agency and no County officer or employee may engage in any of the following acts with respect
to actions or proceedings defended pursuant to this resolution
a) Negotiate or otherwise affect the settlement of such an action or proceeding,
b) make an admission of liability involving such action or proceeding, or
c) discuss the action or proceeding, or the facts or circumstance giving rise
thereto, other than with or as directed by the County's attorneys, or as required by law
Should the officer or employee engage in any of these acts the Board of County Commissioners
may cease to provide him (or her) with a defense, and it may decline to indemnify the officer or
employee as otherwise provided for by this Resolution.
Section 6 DEFENSE IN ADMINISTRATIVE PROCEEDINGS Whenever a County officer or
employee is required to defend actions taken in good faith and in the course and scope of his
(or her) duties before an administrative agency, or before a professional regulatory body of the
State of Washington, the Prosecuting Attorney may provide representation at County expense
Section 7: DEFINITION. For purposes of this Resolution the term officer or employee of
the County means any of the persons for whose acts Lewis County is or may be liable pursuant
to RCW 4 96.010, including any of the following
a) the elective officials of Lewis County enumerated in RCW 36 16 030, or any of
their deputies,
b) employees and former employees of the County;
c) members of boards, commissions, committees, or similar entities which
operate under the County's supervision or control,
d) members of County boards, commissions, committees, or similar entities
created by State statute as sub-agencies of Lewis County, or which the County is
required by State statute to maintain, and
e) volunteers rendering service to the County at the request of a County elected
official, or at the request of the County Manager or a designee of the County Manager
Section 8• EXCLUSIONS Legal services shall not be provided by the Prosecuting Attorney,
or otherwise at County expense, to officers or employees of the County to defend a charge of
official misconduct or to defend the right to hold elected office In this Section the term official
misconduct does not include an action taken in the good faith belief that it is legally authorized
or required
Section 9 DEFENSE IN RECALL PETITION HEARINGS As required by RCW 4.96 041(3), and
subject to the approval of both the Board of County Commissioners and the Prosecuting
Attorney, the expenses of defending an elected official of the County in a judicial proceeding
pursuant to RCW 29A.56 140 and any appeal therefrom shall be paid by the County The
defense shall be provided by the Prosecuting Attorney, or by other counsel approved by the
Prosecuting Attorney
Passed in regular session this seventeenth day of June 2019
BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM AND SUBSTANCE LEWIS{pUNTY, WASHINGTON
Jonathan Meyer, Prosecuting Attorney
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By J David Fine, Deputy Prosecutor R6'•ert C Jackson, Chair
ATTEST Edna J Fund, Commis ilner
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Rieva Lester,Clerk of the Board •®COUNT ry•••••. Sta per, Commi sioner
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Bc$CC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date. Jun 17, 2019
Suggested Wording for Agenda Item: Agenda Type: Consent
Resolution regarding defense and indemnity of county officers and employees
Contact Rieva Lester Phone:
Department:
Action Needed: Approve Resolution
Description
Resolution regarding defense and indemnity of county officers and employees
Cover Letter To
David Fine