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Stephenson County, IL
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[HISTORY: Adopted by the County Board of Stephenson County 7-12-1983; as amended 10-8-1985 by Ord. No. 85-72 and 11-11-1986 by Ord. No. 86-98 (Ch. 2, Art. IV, § 2-43, of the 1977 Code). Subsequent amendments noted where applicable.]
County Board — See Ch. 29.
County employees — See Ch. 34.
Ethics — See Ch. 62.
The State's Attorney's Office shall provide legal services to defend all elected officials and employees of the County in any legal action wherein such elected officials and employees shall be named as a defendant by reason of their actions arising out of and in the scope of their employment by the County, of their official position.
The County will satisfy all claims or judgments, in accordance with applicable laws of the state, against all elected officials or employees so long as said claims or judgments are based on transactions arising out of and in the course of employment or official acts of said elected officials or employees.
Sections 45-1 and 45-2 shall not apply in the following instances:
The defense of any criminal charges or traffic charges brought against such elected officials or employees.
The defense of actions or the satisfaction of claims or judgments which are covered by a policy or policies of insurance.
The defense of actions or the satisfaction of claims or judgments which arise from the pattern of behavior by or an act of a County official or employee that intentionally violates or is deliberately indifferent to state or federal law.
An award of punitive damages.
The County shall provide investigative services and claims administration services to expedite prompt handling of any claims made against such elected officials and employees to the end that such elected officials and employees, whenever possible, will not be named as parties defendant to any litigation.
The policy set out in §§ 45-1 through 45-3 is subject to the following conditions:
No County official or employee shall use, or direct anyone else to use, a vehicle not owned by the County on County business, unless there exists a policy of insurance on such vehicle or person using such vehicle with at least the following coverages:
For bodily injury, $100,000 each person and $300,000 each occurrence.
For property damage, $100,000 each occurrence.
The defense and indemnity by the County as set out herein shall be, in all cases, secondary to said policy coverage.
A County official or employee shall certify, on his or her personal expense voucher for mileage reimbursement, that the policy coverage set out in Subsection A(1) above exists.
If any claim is made or suit or other proceeding is brought against an elected official or employee of the County, said official or employee shall forward to the office of the State's Attorney within seven calendar days of receipt thereof any demand, legal notice, summons, or other process or paper received by said elected official or employee.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
County officials and employees shall cooperate with the County and, upon the County's request, assist in making settlements in the conduct of suits, and in enforcing any right of contribution or indemnity against any personal organization who or which may be liable to the employee, official, or County. Where necessary, the employee or official shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses.
County employees or officials shall not voluntarily make any payment, assume any obligation or incur any expense relative to any claim.[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
In the event of any payment by the County pursuant to the terms of this section, the County shall be subrogated to the rights of the County organization and said employee or official shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Said employee or official shall do nothing after loss to prejudice such rights.
A County official or employee driving any vehicle on County business shall have a valid driver's license.
Any terms of this section which are in conflict with the statutes of the state are hereby amended to conform to such statutes.
Failure by a County official or employee to comply with the conditions set out above may result in a refusal by the County to defend and indemnify.
Nothing in this chapter shall be construed as a policy by the County to compensate its officials or employees for damage to their own property.