§ 23.304. Requirement for County Solicitor to provide defense.

(a)

Initiation of Process. The County Solicitor may become involved in the case upon written request of the officer, agent or employee, or to protect the interests of the County or an agency.

(b)

Investigation. Before undertaking the defense of an officer, agent or employee, the County Solicitor shall investigate the facts upon which the legal action or special proceeding is based to determine whether the officer's, agent's or employee's acts or omissions were within the scope of his/her employment and whether they were malicious.

(c)

Approval Required. Based upon the results of the investigation and the recommendations of the Risk Management Program Committee, the County Executive may authorize the County Solicitor to defend officers, agents and employees. The County Solicitor may not defend officers, agents and employees without the approval of the County Executive.

(d)

Investigation and Defense May Be Delegated. The County Solicitor may delegate the investigation and defense to an assistant County Solicitor or to outside counsel. In a criminal case, the County Solicitor shall appoint outside counsel.

(e)

Costs of Outside Counsel. The County Solicitor may employ outside counsel if the solicitor determines that it is impracticable or uneconomical for the County Solicitor or an assistant County Solicitor to provide the legal services or that the County Solicitor would have an actual or potential conflict of interest in providing these services. At the request of the governmental agency, the Risk Management Program Committee may authorize the County Solicitor to employ outside counsel to investigate and defend a claim against the governmental agency, its officers, agents or employees. The outside counsel shall cooperate with the County Solicitor in the investigation, defense and settlement of the claim. The compensation of the outside counsel shall be paid by the risk management fund.

(C.B. 55, 1986; C.B. 65, 1995)