§ 2-98. Payment of claim, settlements and judgments.

(a)

Where defense of a claim or proceeding against an employee is approved, all final judgments awarded in courts of competent jurisdiction against the employee in proceedings to which this division applies, or any amount payable under any settlement of such proceeding or of claims in accordance with this division shall be paid by the county as hereinafter provided.

(b)

Notwithstanding the foregoing, payment of judgments, settlements, and claims shall be limited as follows:

(1)

No sum will be paid on behalf of any employee who admits, in any sworn statement, administrative, judicial or other legal proceeding, to knowingly and intentionally violating state or federal law and/or county's policies and procedures.

(2)

Whenever there is a final determination by a court of competent jurisdiction that the employee, with respect to the act or failure to act giving rise to the subject claim or proceeding, acted or failed to act because of actual fraud, corruption, or actual malice, the employee shall be required to reimburse the county any amounts paid in defense of the claim, and any amounts paid as a judgment, compromise, or settlement of such claim.

(3)

No sum will be paid on behalf of any employee in excess of one hundred thousand dollars ($100,000.00) for any claim(s) or proceeding(s) arising from incident(s) of alleged wrongful acts. In the case of more than one (1) employee being defended pursuant to this chapter for any claim(s) or proceedings(s) arising from the same, related, and/or connected wrongful acts, no sum will be paid in excess of four hundred thousand dollars ($400,000.00) regardless of the number of employees or claimants involved, and with a limit of one hundred thousand dollars ($100,000.00) per employee.

(4)

No sum shall be paid under the provisions of this division unless the claimant or party in a proceeding unconditionally releases the employee and the county from any and all claims, causes of action or judgments arising out of the subject claim or proceeding. Further, no sum shall be paid under the provisions of this division if any attempt to recover or recovery of any sum whatsoever from the employees is made by the claimant or any party as a result of the claim or proceeding.

(5)

Excluded from this division is any claim or proceeding whereby insurance is provided by the county. There is further excluded from this division, any claim or proceeding that the county has, by resolution or otherwise, provided for the payment and defense of claims or proceedings arising from the ownership, use or maintenance of county motor vehicles.

(6)

No sum will be paid under the provisions of this division for punitive or exemplary damages.

(c)

The county shall be authorized to pay an award, judgment, or settlement of attorneys' fees to a plaintiff and/or his/her counsel of record, and the monetary caps set forth in this section shall not limit the amount of such payment.

( Ord. No. 16-01 , Pt. I, 3-8-16)