[HISTORY: Adopted by the Levy Court of Kent
County 7-22-1986 by Ord. No. 86-04. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the Commissioners of Kent County Levy Court, all
elected Kent County officers, all appointed Kent County officers and
all employees of Kent County.
The County Attorney shall, at the expense of
the county, undertake the representation or defense of any county
officer or employee in a civil action arising out of or related to
the performance by said officer or employee of his public duties;
or may undertake the representation or defense without charge of any
county officer or employee in a criminal action arising from performance
of his duties and which action does not allege official misconduct,
profiteering, bribery, receiving unlawful gratuities, improper influence
or other use of his office or employment. An officer or employee may
select his or her attorney with the concurrence of the County Attorney
and the Commissioners of the Levy Court.
An officer or employee who is held liable for
the payment of any claims arising out of a civil action, or settlements,
judgments, expenses, costs and awards of attorneys' fees arising therefrom,
shall be entitled to indemnification therefore from the county where
the claim shall have been determined by the County Attorney, subject
to the approval of the Commissioners of the Levy Court, to have resulted
from activities which:
A.Â
Were done in good faith.
B.Â
Were done in the reasonable belief that such activities
were in the best interest of the county and in the furtherance of
the official practices and policies of the county.
C.Â
Were within the scope of authority of the person so
acting.
D.Â
Were within the course of employment of the person
so acting.
E.Â
Were not willful, malicious or wanton.
In addition to the county's obligation to indemnify county officers and employees, the County Administrator on behalf of the county is hereby authorized to enter into contracts of insurance for the indemnification of county officers and employees who are determined to be entitled thereto in accordance with § 25-3, or for such broader coverage as he deems advisable.
The Commissioners of the Levy Court may, upon resolution, authorize the payment of legal fees incurred by a county employee for representation in a criminal action, if the charge arose out of or in the course of county employment. The Commissioners shall review an application for reimbursement based upon the criteria set forth in § 25-3. In no event shall any payment under this section be authorized where the employee has been found guilty of, after trial and any appeal, or has entered a plea of guilty or nolle contendre to a crime involving a breach of public trust.
