[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.
A.
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.
B.
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.
