[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.]
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.
A.
The defense of any criminal charges or traffic charges brought against
such elected officials or employees.
B.
The defense of actions or the satisfaction of claims or judgments
which are covered by a policy or policies of insurance.
C.
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.
D.
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.
A.
Vehicles.
(1)
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:
(2)
The defense and indemnity by the County as set out herein shall be,
in all cases, secondary to said policy coverage.
B.
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]
C.
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.
E.
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.
F.
A County official or employee driving any vehicle on County business
shall have a valid driver's license.
G.
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.
