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(1) Whenever any action or proceeding is brought against any county employee, officer, or volunteer, who is not an independent contractor, or against such person and the spouse and/or marital community of any such person, arising from acts or omissions of that person while performing or in good faith purporting to perform his or her official duties, the county shall, upon request, authorize defense of the action or proceeding at county expense in accordance with this section. Snohomish County shall defend, indemnify, and hold harmless said protected personnel, subject to conditions and limitations of this chapter and RCW 36.16.134, from all costs, judgments or other civil liabilities, except punitive damages. This duty shall not apply to criminal, infraction or other non-civil proceedings or liabilities.

(2) Whenever any person designated in subsection (1) of this section is named as a defendant in an action or proceeding arising out of acts or omissions while performing or in good faith purporting to perform his or her official duties, he or she shall immediately notify the prosecuting attorney and forward a copy of any pleading served on him or her to the prosecuting attorney. In addition, an application for representation must be submitted to the prosecuting attorney in writing no later than 10 days after the applicant’s receipt of service of process. Such application must include copies of any pleadings served and such additional information as may be requested. If submission is not made within the 10-day period, the county may refuse to protect, defend and hold the applicant harmless in the legal action in question.

(3) Upon receipt of an application for representation, the prosecuting attorney is hereby authorized to appear in such action in order to maintain the status quo in the proceedings pending the county’s decision under this chapter whether legal counsel will be provided.

(4) The prosecuting attorney or his or her designee shall review the application for representation and if the prosecuting attorney or his or her designee determines that the individual requesting representation is a county officer, employee or volunteer and that the action arises out of acts or omissions performed or in good faith purported to have been performed in the course of his or her official duties, the prosecuting attorney shall authorize representation at county expense.

(5) If the prosecuting attorney or his or her designee determines that the individual requesting representation is not entitled to representation, the individual may appeal this decision to the county council. This appeal must be filed with the clerk of the county council no later than 10 business days after the date of receipt of the prosecutor’s decision to deny representation. The council shall determine whether the acts or omissions of the officer, employee, or volunteer are, or in good faith purported to be, within the scope of his or her official duties so that the individual is entitled to representation. If the council reverses the denial, the county shall provide legal counsel for representation in and defense of civil suits and shall hold these individuals harmless for any expenses connected with the defense, settlement, or monetary judgment arising from same, except as provided for in SCC 2.90.086. All decisions of the council shall be final.

(6) Where a possible conflict exists between the county and a county official or employee or other individual otherwise entitled to representation under this chapter, the prosecuting attorney may decline to represent that person. In such cases, the county shall be responsible for payment of reasonable attorneys’ fees and costs incurred in defense of the county official or employee as authorized by the prosecuting attorney. The prosecuting attorney shall have the sole authority to select counsel to represent the individual for whom the county is providing a defense, consistent with the rules of professional conduct. The prosecuting attorney shall make appropriate arrangements for the representation of the county official or employee.

(7) Defendant Liability Insurance. In the event county officer, volunteer, or employee is protected by a policy of liability insurance, the policy shall be relied upon the officer or employee to the extent that such policy provides defense or insures the official or employee. If the officer or employee will suffer losses and/or expenses not covered by the policy, the county shall provide protection for such excess loss and/or expenses.

(8) Limitations. If any such officer, volunteer, or employees fail or refuse to cooperate as specified in SCC 2.90.080 and 2.90.085, or elects to provide his or her legal representation with respect to claims and/or litigation arising out of acts or duties in the scope of his or her employment by the county, the provisions of this chapter will be inapplicable and of no force and effect with respect to any such claim and/or litigation; PROVIDED, That the obligations assumed under this section by the county shall not apply to any negligent act, error or omission not within the scope and course of the official duties of the county officer, volunteer or employee, nor to any dishonest, fraudulent, criminal or malicious act nor extend to any lawsuit brought by the county or in its behalf. The provisions of this section shall not modify existing procedures or requirements of law for processing and payment of claims against the county, or of judgments in those cases in which the county is a party defendant; PROVIDED, That such claims, lawsuits and judgments shall be handled in all respects in the same manner as those in which a claim is filed or a lawsuit brought against the county, notwithstanding any other provisions contained in this section. Such provisions shall have no force and effect with respect to any accident, occurrence or circumstance to the extent to which the county, the officer, volunteer, or employee is insured against loss or damages under the terms of any valid insurance policy. (Added by Ord. 88-012 § 12, Mar. 30, 1988; Amended by Ord. 96-006 § 14, Mar. 13, 1996, Eff date Mar. 28, 1996; Amended by Amended Ord. 17-019, June 7, 2017, Eff date June 19, 2017).