Drafter
Clerk 12/05/2007
Title
A RESOLUTION relating to indemnification and defense of the board of supervisors of the King County Flood Control Zone District from claims against their performance of statutorily-required duties for the district.
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING COUNTY FLOOD CONTROL ZONE DISTRICT:
SECTION 1. Definitions. The definitions in this section apply throughout this resolution unless the context clearly requires otherwise.
A. "Claim" means a claim or lawsuit.
B. "District" means the King County Flood Control District.
B. "Supervisor" means any person who is serving or has served on the board of supervisors of the King County Flood Control Zone District.
SECTION 2. Findings:
A. The members of the King County council, by virtue of their office, are required by RCW 86.15.050(1) to be ex officio members of the board of supervisors of the district.
B. The district desires to avail itself of the rights afforded municipal corporations under RCW 4.96.041 to protect its supervisors against claims arising out of their performance, purported performance or failure of performance in good faith of their duties for the district.
SECTION 3. Legal representation. The district shall provide to a supervisor such legal representation as may be reasonably necessary to defend any claim filed against the supervisor, arising out of the performance, purported performance or failure of performance in good faith of duties for the district. This legal representation shall be a condition of service for the district and shall be provided by the district's legal counsel or designee, except as may be provided under an insurance policy or self-insurance or joint insurance program.
SECTION 4. Exclusions - determination of representation.
This resolution shall not apply to any dishonest, fraudulent, criminal or malicious act, to any act outside the scope of service, to any lawsuit brought by or on behalf o...

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