§ 2-286. Defense and indemnification of county employees.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Employee means and includes any natural person, whether elected or appointed, officer, employee or any member of any board, agency or commission, whether compensated or not, of the county or the county board of education, or as may be specified in T.C.A. § 29-20-101 et seq.

(b)

Authority to furnish counsel. The county department of law is authorized to furnish defense counsel to any employee sued for damages for an act or omission arising out of the performance of his employment with the county, provided the employee promptly notifies the department of law when suit is served upon him, makes a request for defense counsel, cooperates with the defense counsel furnished, and provided further that there is no insurance coverage providing a defense for such employee or protecting such employee from damages to the amount as provided in this section.

(c)

Conditions for indemnification. The county executive shall be authorized to indemnify employees from any judgment which may be entered against such employee under the following conditions:

(1)

The judgment results from an act or omission arising out of the performance of the employee's official duties and while the employee is engaged in the course of employment with the county. It is required that such judgments do not result from willful, wanton or malicious wrongdoings or violations of the rules or policies of the county and that the judgment does not result from any acts or omissions wherein the employee has or will gain personal profit or advantage to which the employee is not legally entitled (including remuneration paid in violation of law), acts of fraud, corruption or dishonesty, or the willful violation of any statute or ordinance, rule or regulation.

(2)

The department of law has provided defense counsel to the employee and the employee has fully cooperated with the defense counsel.

(3)

The total judgment entered against the employee does not include an award for punitive damages or for violations of orders and rules of the county.

(4)

The judgment entered against the employee does not include an award for violation of a subordinate employee's exercise of his or her right to speak openly and freely regarding any issue involving county government, its agencies, boards or its elected or appointed officials so long as such speech does not violate the laws of slander and libel.

(d)

Determination of amount of indemnity. The county executive, after consultation with the law director, shall determine the amount of indemnity, if any, to be paid to or for an employee. The amount of indemnity will be that amount of money which the judgment creditor could collect from the employee as authorized by law; provided, however, that the amount of indemnity shall not exceed those amounts prescribed by T.C.A. § 29-20-101 et seq., or other applicable state law.

(e)

Reimbursement of court costs. The county commission, after consultation with the law director and by resolution, may, on a case by case basis, reimburse an employee, as defined in this section, for court costs in matters other than ouster lawsuits as provided by state law which are incurred by employee while serving county government in an official capacity.

(f)

Reimbursement of attorney's fees. The county commission, after consultation with the law director and by resolution, may, on a case by case basis, reimburse attorney's fees in those instances whereby a county commissioner is brought before and ultimately exonerated by the county ethics or audit committees.

(Ord. No. O-94-12-101, §§ I—IV, 1-23-95; Ord. No. O-11-7-102, § 1, 8-22-11; Ord. No. O-14-2-101, § 1, 3-24-14)