HomeMy WebLinkAboutres1987-063SUBSTITUTE RESOLUTION
7idT'. ;JUCFI -j BY: Consent
PROPOSED BY: Pros. Attn
0ATE November 19, 1987
RESOLUTION NO. 87 -63
A RESOLUTION AUTIiORT"ZfMG THE DEFENSE OF
WHATCOM COUNTY EM PLOY HE'S 1`012 ACTIONS WHICH
OCCUR WITIITN THE SCOPE OF TIIETR EMPLOYMENT
WHEREAS, Whatcom Cour;t.y i.s present:ly a self insured
jurisdiction and the officers and employees as well as members
of. its different boards and cc)wmisr ;ionss have a right to know
whether or not they will be defended in an action which arises
from their employment; and,
WHEREAS, it is the po11.cy o£ Whatcom County to
deEend its officers and employees and members of its different
boards and commissions should their activity arise from within
the scope of their employmerit: ; and,
WHEREAS,
it is not the
intent of [dhatcom County
to
extend coverage to
actions which
arc-
outs.i.de of. the scope
of
their employment or
action:: which
are
done intentionally in
an
effort to inflict
harm; oC i;o
t:he
III em1) ers cif boards
or
commissions that are appointed ley ol:her
jurisdic:t.i.ons.
NOW, THEREFORE, 13E IT RESOLVED Lhat:
- Resolution - 1.
I . The purposes of this Resolution is to make orderly
prov.isian for. the legal. and fi.II "iI -LCiai prai:ection of County
officers and employees and menbeis of its different boards and
commission;, and their riiar11:aI com it] unIty, from personal
liability for acts ar am.i!]sians committed by such officers or
employees, or its di. ffer•en1: iuembors of boards and commissions
while within the scope of the v ol:ficial county duties.
BE IT FURT11E1: RE MINED t:ha t :
2. Consistent: ti•jit:h t-.he powers vested in the County
legislative authority by R.(:.' ^1. 36.16..1.34, whenever an action or
proceeding for damages is brought against any officer, employee
or member of its different: boards or comm.i.ssions or against such
person's marital ca mill Uri it:y, aria the Whatcom County Council
finds that such ac -t.ion a11, 01-1 0 from actE; or omissions while
performing, or in good faith purporting to perform his or her
affIc.ial duties thc; Count., !;hal I giant: a request to defend that
person. Upon such grantinc3 of .tie request, the necessary
expenses of. defending t.ile aC:t:ron or proceeding by the
Prosecuting Attorney shall be paid by the County and any final
money judgment against said oLfic, o r or empIuyee or members of
its different boards and c.omiuiss:;1ons or said rnarIt:aI community
shall be paid by the Count:;-, uIL.I" : the Cout•t finds the act or
a m I s s i a n giving rise t.a judg III C1u(:, dJ.d not arise from a good
faith performance of off.rci.a l dut. }l. Or fuI then, that the Court
- Resolution - 2.
finds that the act was art intenl:i.onaI act done to promote harm
and was therefore outside) the scope of employment.
BE IT FURTHER RESOLVED.
3. Where a County ,officer or employee or members of
its different boards or commrsiorrers, u hi.s or her marital
community is sued for an act: determined pursuant to Section 2 of
this Resolution to be w.i.tht.n the scope of ther.r official duties,
the Prosecuting Attorney shall he responsible for defense of
that person or. marital cornmunIty, and shall direct
recommendations, if any, C o r st2ttIerllent of such suits to the
Whatcom County Executive or to the Whatcom County Council. as
per previous procedures established. T arriving at any such
recommendation for set tleiiient:, t. lie Prosecutirig Attorney shall
consult with the County agency most .involved with the
l.iti.gation and /or named acs a ptirf.; to tho I,jwsu1t
BE IT FURTHER [ZESOLVED.
4. Except .1 s :1, 1) ec.Ifica11.Y directed by the
Prosecuting Attorney, no agent: and no County officers or
employees or members of its different boards or commissions may
engage in any of the following acts with respect to actions or
proceedl.ngs for damages deferidcd pursuant to this Resolution:
- Resolution - 3.
a . Vegoti a Le or ot:herwi se affect the settlement
of such an action or proceed i.rig fc-r flaniages against the County;
b. Matte an adi isss.ion of liability involving such
an action or proceeding for damages against the Country;
c. D.i.scuss with persons who are not County
employees incidents wh.i ch cc a lei reac,oriabI y Lead to actions or
proceedings £or damages against the Courit:y, its officers or
employees, or members of it:s d.i.f.fevent boards and commissions.
BE IT FURTHER RESOLVED that:
The purpose of t.hi s R"- F, 0 111 L i () ii i.s not designed to
expand the role of Whatcora Co1111ty in defending boards or
commissions. V-1batcom County 1 s not intendl.rig to bring within its
control these boards W111Ch are independently established, and
have their existence through .independent legislative action.
Furthermore, Whatcom County w1.11 only consider defending those
board or commission members who were appointed by Whatcom County.
AND, BE IT FURTHER R17SQLVED that:
That shall arry section, subsection, paragraph,
sentence, clause or phrase of this Resolution be declared
unconsti.tut.iona1. or Lrrva1.id for any reason, such decision shall
- Resolution - 4.
not affect the validity of the remaining portions of this
Resolution.
DATED this 17th—day of December , 1987.
WIIATCOM COOMTY COUNCIL
TOM BURTON Chair
APPROVED AS TO FORM:
;;Z,
CAROL EBERGSOI`I
Clerk of the Councj,.
APPROVED AS TO FORM:
RANI)AI.,L J . W TT'.,
i "_hief Civil eputy
Prosecuting At: tornc-y
- Resolution - 5.