1993 - 04-19-93 Regular Meeting - Laserfiche WebLink

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BOOK 15 parr 1~3 37 RESOLUTION ESTABLISHING UNIFORM STANDARDS UNDER WHICH CLAIMS OR CIVIL JUDGMENTS SOUGHT OR ENTERED AGAINST COUNTY OFFICERS AND EMPLOYEES SHALL BE PAID WHEREAS, the County Manager and County Attorney have recommended that protection be afforded to County officers and employees who have claims filed against them or suits brought against them resulting from actions taken within the scope of their employment or duties; and WHEREAS, the County feels obligated to defend such officers and employees and to satisfy any claims or judgments against such officers or employees, if the facts and circumstances giving rise to the claim or suit show that the officer or employee was engaged in the good faith performance of his duties on behalf of the County when the incident giving rise to the claim occurred; and WHEREAS, the County is authorized under State law to defend and to pay judgments entered against officers and employees, when the acts giving rise to the claim were performed by the officer or employee in the course of his employment or duties, and without actual fraud, corruption or actual malice; NOW, THEREFORE, BE IT RESOLVED that it shall be the policy of Lee County to defend its officers and employees against civil claims or judgments, and to satisfy same either through the purchase of insurance or otherwise, provided adoption of this resolution shall not be deemed an assumption of liability for payment of claims or judgments in addition to any insurance coverage. Further, the County will not defend a claim or lawsuit or pay a claim or judgment when the officer or employee willfully: 1. Acts or fails to act because of actual fraud, corruption or actual malice; 2. Acts or fails to act as a result of or at a time when his self-indulgence substantially impaired his judgment (as, for example, an officer or employee who causes damage or injury while intoxicated or under the influence of drugs while on the job) ; 3. Acts or fails to act, except in emergencies or the existence of extenuating circumstances, directly contrary to instructions from his superior or directly contrary to advice of the County Attorney; 4. Acts or fails to act in such manner as to constitute a criminal act (for example, misappropriation of property or funds). The County Manager and County Attorney shall determine whether a claim or suit filed against an officer or employee meets the