[HISTORY: Adopted by the Fiscal Court of Henderson County 7-1-1986 by Ord. No. 61 (Ch. 31 of the 1993 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- Includes the County Judge/Executive, Magistrates, County Attorney, department heads and members of any board, commission or committee appointed by the County.
As set forth in KRS 65.2003, any officer or employee who is liable for the payment of any claims or damages, excluding punitive damages, arising out of the course and scope of employment shall be entitled to indemnification by the County, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the County. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the County, and such determination shall be final for the purposes of the representation and indemnity of this chapter; provided, however, that in the event such representation and indemnity have been denied by the County, if upon a trial on the merits the County determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The County shall not be liable for any settlement of any such claim or suit made without its consent, and the County reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
The County may refuse to indemnify an employee as set forth in KRS 65.2003 and 65.2005(3).
The County shall have the right and duty to provide legal representation through the County Attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this chapter. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the County in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this chapter.
No part of this chapter shall be construed as waiving the County's defense of governmental immunity to it or the officer or employee in any action brought against the County or such persons.