[HISTORY: Adopted by the Board of County Commissioners of
Charles County 10-1-1991 by Res. No. 91-88.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Circuit Court — See Ch. 21.
County Commissioners — See Ch. 27.
Department of Fiscal and Administrative Services — See Ch. 48.
Fire companies and rescue squads — See Ch. 54.
Human Relations Commission — See Ch. 69.
Sheriff — See Ch. 125.
Board of Appeals — See Ch. 150.
Code of Ethics — See Ch. 170.
Occupational safety and health — See Ch. 192.
Personnel regulations — See Ch. 197.
Planning Commission — See Ch. 200.
School crossing guards — See Ch. 208.
Self-insurance fund — See Ch. 209.
Sheriff's office — See Ch. 210.
[1]
Editor's Note: This resolution also repealed former Ch. 185,
Liability Indemnification, adopted 5-13-1980 by Res. No. 80-22, as
amended.
The County Commissioners of Charles County, Maryland, in order
to protect those individuals who perform governmental services on
behalf of the County government from certain risks and to protect
those individuals from claims that may be made against them arising
out of their service to County government, hereby declare that the
County shall defend, save harmless and indemnify its employees against
and for any and all claims, causes of actions, suits, judgments, penalties,
fines, settlements and reasonable costs of expenses, including attorneys'
fees, which may be due, levied or incurred with respect to any claim
that may be made on account of any alleged act or omission arising
out of the performance of duty or by reason of an employee's
official capacity. The County may compromise and settle any monetary
claim and shall pay the amount of any settlement or judgment rendered
thereon.
For the purpose of this indemnification plan only, the following
definitions shall apply:
Includes any inquiry, investigation, charge, demand or other
claim of any kind or nature whatsoever not initiated by the County,
whether or not groundless, and including any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative
or investigative.
The County Commissioners of Charles County, Maryland.
Includes any employee of the County whose compensation comes
in whole or in part from County funds and who is working under the
direction or control of any official or department of the County,
an appointed or elected official, and a volunteer performing duties
or providing services at the request and under the direction and control
of County government. The term also includes any person serving with
or without compensation in any form as a member of any board, commission,
task force or similar body duly established by the County Commissioners
to advise on matters of policy or procedure, including, without limitation,
the Board of Appeals, Planning Commission, Nuisance Board, Ethics
Commission and Professional Services Selection Committee. The term
"employee" does not include any person or organization contracting
to perform services or act for the County as an independent contractor.
This term shall be interpreted as broadly as possible to
include any situation or circumstance in which an employee could conceivably
be deemed to be acting within the scope of his employment or official
or volunteer service. Provided, however, that if it is judicially
determined that the employee acted with actual malice, or that the
subject act or omission constituted deliberate and intentional tortious
or criminal conduct or active and deliberate dishonesty or other conscious
malfeasance in office or willful and wanton neglect of duty, the employee
shall be fully liable for all damages awarded and costs or expenses
incurred.
The County reserves the right to designate an attorney to represent
an employee under this plan.
An employee is required to fully cooperate with the County and
is required to:
A.Â
Use due care in reporting to the County Attorney or to the employee's
department head any incident or matter which the employee might reasonably
expect could result in a claim against the employee or the County.
B.Â
Notify the County Attorney of any notice of claim, summons, complaint,
warrant, charging document or similar notice received by the employee
in connection with any incident or matter that might be covered under
this plan. Such notice shall be given to the County Attorney within
10 working days of its receipt by the employee.
C.Â
Exercise a reasonable effort to notify the County Attorney of any
claim which is threatened against him.
D.Â
Cooperate with the County Attorney or his designee in any investigation
or in the defense against any claim.
If the County, or employee against whom a claim has been made,
has any other valid insurance, bond or indemnification plan available
to provide payment of or reimbursement or other indemnification for
costs or expenses incurred or loss or damages alleged against the
County or employee, such insurance, bond or other plan shall first
be applied to payment of any claim, and the obligation of the County
under this plan shall be limited to the excess of such other coverage,
if any.
The County shall be subrogated to all of an employee's
rights of recovery against any person or organization, and the employee
shall execute and deliver any appropriate instruments or papers and
do whatever else is necessary to secure such rights for the benefit
of the County.
Assignment of interest under this plan is not permitted without
the written consent of the County, and no such assignment shall bind
the County unless such written consent is given prior to assignment.
If an employee covered hereunder dies, the benefits of this plan shall
be available to and apply fully to the employee's personal representative
while acting within the scope of his duties as such.
Coverage and benefits under this plan shall continue after an
employee is no longer in County service if the act or omission that
gives rise to the claim occurred during the time of employment with
the County. If a claim against a former employee is asserted as a
counterclaim or setoff in a suit brought by the former employee, payment
shall be limited to the excess over the amount recovered by the employee
under his own claim.
