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(1) Employees, officers and volunteers of Snohomish County who are named individually in a claim or lawsuit, and wish the county to indemnify or defend them shall make application for same to the prosecuting attorney. Such application shall include a complete statement of the act(s) and/or omission(s) complained of, together with copies of any pleadings served and such additional information as may be requested. This application shall be submitted to the prosecuting attorney’s office no later than 10 days after service of process upon the applicant. If submission is not made within the 10-day period the prosecuting attorney may refuse to protect, provide defense or hold the applicant harmless in the legal action in question unless the applicant demonstrates that he/she had a reasonable excuse for the failure to comply with the time requirement.

(2) Action of Prosecuting Attorney Pending Decision to Provide Counsel. Upon receipt of copies of all pleadings, the prosecuting attorney is hereby authorized to appear in such action to the extent permitted by state law in order to maintain the status quo in the proceedings pending decision as to whether legal counsel will be provided.

(3) Synopsis and Recommendation--Preparation. Upon refusal to accept defense, the prosecuting attorney shall prepare a synopsis of the nature of the legal action and whether or not, in his/her opinion, the applicant acted in good faith or purported to act within the scope of his or her official duties and forward such synopsis to the council, together with his own recommendation thereon.

(4) Council to Decide. The council shall decide whether to uphold the denial of defense by the prosecuting attorney as to whether the acts or omission of the applicant were in good faith and within the scope of his or her official duties. 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. All decisions of the council shall be final and not appealable on any grounds. (Added by Ord. 84-062 § 2, May 30, 1984; Amended by Ord. 96-006 § 14, Mar. 13, 1996, Eff date Mar. 28, 1996).