HomeMy WebLinkAboutResolutions - 2011.11.02 - 18776CES COMMITTEE HUMAN
REPORT (MISC. #11256) November 2, 2011
BY: Human Resources Committee, John Scott, Chairperson
IN RE: BOARD OF COMMISSIONERS — EMPLOYEE INDEMNIFICATION POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on
November 2, 2011, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the
foregoing report.
HUMAN RESOURCES COMMITTEE
Motion carried unanimously on a roll call vote with Greimei absent.
MISCELLANEOUS RESOLUTION #11256 October 20, 2011
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS — EMPLOYEE INDEMNIFICATION POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Employee Indemnification Policy has not been amended in some time
(see MR 85339 and MR 86124); and
WHEREAS the title of the current policy does not reflect all of the matters set forth in it;
and
WHEREAS as the result of recent cases involving the criminal indemnity provisions, it is
necessary to clarify the procedures used to invoke the criminal provisions of the policy; and
WHEREAS as the result of these cases, the Department of Corporation Counsel has
identified procedures that will result in cost savings to the County and has set forth these
procedures in a revised policy, which was approved by the Claims Review Committee on
September 22, 2011.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners has determined
to revise the name of the Employee Indemnification Policy to "Defense and Indemnification
Policy" to accurately reflect the issues covered; and
BE IT FURTHER RESOLVED that the Board of Commissioners hereby approves the
attached "Defense and Indemnification Policy."
BE IT FURTHER RESOLVED that said policy shall be distributed to all current
employees, elected officials and officers and shall also be distributed to new hires at the time of
their hiring.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Runestad absent.
DEFENSE AND INDEMNIFICATION POLICY
In accordance with Miscellaneous Resolution #85339, adopted November 21,
1985 by the Board of Commissioners, whenever a claim is made or a civil action is
commenced against an officer or employee of the County of Oakland for injuries to
persons or property allegedly caused by the officer or employee while acting within
the scope of his or her authority, the County shall pay for all reasonable costs of
litigation and engage or furnish the services of an attorney in accordance with County
policy to advise the officer or employee as to the claim and to appear for and represent
the officer or employee in the action. The County may compromise, settle and pay
the claim before or after the commencement of a civil action. Whenever a judgment
for damages is awarded against an officer or employee of the County as a result of a
civil action for personal injuries or property damage caused by the officer or
employee while in the course of employment and while acting within the scope of his or
her authority, the County of Oakland shall indemnify the officer or employee or pay,
settle or compromise the judgment. TO BE ELIGIBLE FOR THE DEFENSE AND
INDEMNITY OBLIGATIONS SET FORTH IN THIS PARAGRAPH, OFFICERS AND
EMPLOYEES SHALL COOPERATE IN ALL RESPECTS WITH CORPORATION
COUNSEL OR ASSIGNED COUNSEL IN DEFENDING THE CLAIM OR LAWSUIT.
When a criminal action is commenced against an officer or employee of the
County of Oakland based upon the conduct of the officer or employee in the course of
employment, if the employee or officer had a reasonable basis for believing that he or
she was acting within the scope of his or her authority at the time of the alleged
conduct, the County of Oakland shall pay for, engage or furnish the services of an
attorney to advise the officer or employee as to the action and to appear for and
represent the officer or employee in the action. TO BE ELIGIBLE FOR PAYMENT OR
REIMBURSEMENT FOR COUNSEL, AN EMPLOYEE OR OFFICER WHO IS
CHARGED CRIMINALLY MUST IMMEDIATELY PROVIDE NOTICE OF AND A COPY
OF THE CRIMINAL CHARGES TO OAKLAND COUNTY CORPORATION COUNSEL.
PROVIDED THAT THE OFFICER OR EMPLOYEE IS OTHERWISE ENTITLED TO
HAVE THE COUNTY PAY FOR THE SERVICES OF AN ATTORNEY PURSUANT TO
THIS POLICY, THE COUNTY OF OAKLAND WILL PAY FOR OR REIMBURSE FOR
THE ATTORNEY'S SERVICES CONSISTENT WITH OAKLAND COUNTY'S
LIABILITY CLAIMS POLICY AND PROCEDURES (AS AMENDED BY MR #91016) AS
THEY PERTAIN TO THE PROVISION OF AND COMPENSATION OF COUNSEL IN
CIVIL MATTERS. ARRANGEMENTS FOR AND AUTHORIZATION OF PAYMENT OF
THE SERVICES OF ANY ATTORNEY MUST BE APPROVED IN ADVANCE.
ATTORNEYS SO EMPLOYED SHALL BE REQUIRED TO PROVIDE THE COUNTY
WITH MONTHLY DETAILED BILLINGS DESCRIBING THE SERVICES RENDERED,
PER MISCELLANEOUS RESOLUTION #86124, ADOPTED MAY 8, 1986 BY THE
BOARD OF COMMISSIONERS, "OFFICER(S) AND EMPLOYEE(S) OF OAKLAND
COUNTY" ARE DEFINED TO INCLUDE: ELECTED OR APPOINTED OFFICERS AND
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OFFICIALS; EMPLOYEES; VOLUNTEERS; ALL COMMITTEES, AUTHORITIES,
COMMISSIONS, BOARDS AND COUNCILS, INCLUDING THOSE INCORPORATED
BY AUTHORITY OF STATE OR FEDERAL LAW, AND ALL MEMBERS THEREOF.
The County may purchase liability insurance to provide the above protection, or
may provide a self-insurance program.
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Resolution #11256 October 20, 2011
The Chairperson referred the resolution to the Human Resources Committee. There were no objections.
I HEREBY APPROYE THE FOREGOING RESOLUTION -7
Resolution #11256 November 2, 2011
Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN) /1/1/11
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
2, 2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 2 nd day of November, 2011.
Bill Bullard Jr., Oakland County