§ 2-48. Indemnification of parish officials and officers.

(a)

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:

Official or officer means:

(1)

Any person elected, or appointed to an elected office in the parish government and any person appointed to an unsalaried board, commission, or committee of the parish government, including, but not necessarily limited to, the officers and employees enumerated in the Charter;

(2)

The parish administrator and his assistants;

(3)

Any person appointed as the parish attorney or as an assistant parish attorney of the parish with respect to all responsibilities undertaken by the parish attorney and his assistants in their official capacities, whether or not specifically contemplated by section 5-07 of the Charter, including, but not limited to, the representation of public bodies other than the parish as well as their officers and employees.

(b)

The policy of the parish shall be to hold harmless and indemnify each official or officer of the parish from any loss due to attorney fees, court costs, judicial interest, or award of monetary damages arising out of any claim, demand, suit or judgment in any court by reason of alleged negligence or other act, including any claim pursuant to 42 USC 1981—1982, by the official or officer, if that person, at the time damages were sustained, was acting in the discharge of his duties and within the scope of his office of employment and such damages did not result from the intentional wrongful act or gross negligence of the official or officer.

(c)

Within five days after the official or officer is served with any summons, complaint, process, notice, demand, or pleading, that person shall deliver the original or a copy thereof to the parish attorney or his designated representative. Failure to make the required delivery under this section to the parish attorney or his designated representative shall preclude indemnification hereunder. On such delivery, the parish attorney shall assume control of the defense of the official or officer unless:

(1)

The official or officer states in writing that he does not wish to be represented by the parish attorney. In such instance, the parish shall not be responsible for the fee of any counsel retained by the official or officer.

(2)

The official or officer is covered by a policy of insurance under the terms of which the insurance company is required to provide and does provide a defense for the full extent of the claims made against the official or officer.

(3)

After a thorough investigation by the parish attorney, it appears by clear and convincing evidence that the official or officer was not acting in the discharge of his duties and within the scope of his office or employment at the time of the alleged act or omission. If the parish attorney refuses to assume control of the defense under this subsection (c)(3), the parish shall not indemnify said official or officer for attorney fees incurred unless the court subsequently finds that said person was acting in the discharge of his duties and within the scope of his employment or office and the damages did not result from the intentional wrongful act or gross negligence of said official, officer or employee.

(4)

After a thorough investigation, it appears that representation of the official or officer would conflict with the representation of another person. In such instance, the parish attorney shall secure special counsel to represent the official or officer at the expense of the parish.

(d)

If an official or officer of the parish is held liable for monetary damages for actions arising under the conditions of subsection (b) of this section, the parish commission shall appropriate a sum sufficient to reimburse the official or officer. An out-of-court settlement approved by the parish attorney shall have the effect of a judgment of a court for the purpose of this subsection.

(e)

Nothing in this section shall be construed to impair, limit, or modify the rights and obligations of any insurance company under any policy of insurance or impair or limit the rights of a person to obtain private counsel in his own behalf. However, the parish should not be obligated to indemnify said individual for the attorney fees so incurred except as provided in subsection (c)(3) of this section. Further, as to any claim or suit for which an insurance company owes a duty to defend an official or officer, a duty to pay sums which an official or officer is legally obligated to pay as damages, or both of those duties, this section shall not apply to the extent of the duty or duties.

(f)

The benefits of this section shall inure only to an official or officer of the parish or, on the death of the affected official or officer, to his legal, instituted, or irregular heirs and, as to any matrimonial regime, his surviving spouse, which, however, shall not enlarge or diminish the rights of any other party.

(Code 1985, § 2-37; Ord. No. 2982, 7-28-1993)