§ 23.310. Payment of judgment or settlement.

(a)

Officers, Agents and employees Whose Judgment or Settlement May Be Paid:

(1)

Judgments. The amount of any judgment may be paid on behalf of those officers, agents or employees whose acts or omissions were within the scope of their employment in accordance with section 23.303.

(2)

Settlements. The Risk Management Program Committee may authorize payment of a settlement if, in the opinion of the Committee:

(i)

The officer, agent or employee was acting within the scope of employment or is likely to be found by a court or jury to have been acting within the scope of employment; and

(ii)

The costs of the litigation, the risks of judgment adverse to the officer, agent or employee and other relevant factors indicate that settlement is appropriate under the circumstances.

(b)

Risk Management Fund. Any costs, judgments or settlements authorized by the Committee to be paid, shall be paid by the risk management fund.

(c)

Repayment by Official, Agent or Employee. The County may collect from the official, agent or employee any amounts paid in compensatory damages for acts or omissions of the individual within the scope of his/her employment, when it is found that the official, agent or employee acted with actual malice.

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