2-046.00 Liability Of Parish For Legal Fees, Judgments, Etc.

, Incurred By Police Jury              Members While Acting In Their Official Capacity

    a)    While St. Tammany Parish is not responsible for any judgment, compromise agreement or settlement, legal fee or cost incurred by the Police Jury or any of all members thereof who is (are) sued, the Parish shall pay the judgment, compromise agreement or settlement, legal fees and costs where litigation results from an act or failure to act by the Juror(s) in his or her official capacity, as defined herein, and under the conditions and exclusions listed below.

    b)    St. Tammany Parish shall not be responsible for costs or legal fees incurred in the defense of the Police Jury or Police Jury Member(s) where an insurer has undertaken the defense of same and has employed an attorney or attorneys to represent it or them; otherwise, the Parish shall be responsible.

    c)    Should the Parish obtain appropriate insurance to protect against such claims and/or judgments which is inadequate to pay the entire amount of any judgment or compromise agreement or settlement, legal fees and costs, then the Parish of St.Tammany shall pay that excess amount.

    d)    Nothing contained herein shall prohibit St. Tammany Parish from entering into a compromise settlement or agreement with the claimant prior to any judgment.

    e)    The following acts are expressly excluded from the insurance and indemnity agreement:

        1.    Where the Police Jury or Police Jury member(s) is (are) a defendant(s) in a suit filed by the Parish.

        2.    Where the Police Jury Member(s) is (are) guilty of wilful misconduct or wrongdoing.

        3.    Where the Police Jury Member(s) is (are) guilty of an intentional act of physical violence or threatened physical violence.

        4.    Where the Police Jury Member(s) is(are) guilty of a grossly negligent act, or failure to act, which driving under the influence of intoxicating beverages, as defined in the state criminal code. (Ord. No. 81-117, adopted 02/05/81)

CROSS REFERENCE: Sec. 1-009.00, "Officers and Employees Not Liable for Failure to Perform Duties"; Section 2-051.00 through Section 2-057.00, Division 5 "Notification of Police Jury Members of Capital Improvements, Special Programs, Etc." especially Section 2-056.0 "Violation; Penalties" of the Code of Ordinances for St. Tammany Parish, Louisiana, 1989 edition; Chapter 6, Article III, "Discrimination in Employment Prohibited"; Sec. 20-001.00, " Closing, Abandoning, Revoking, Dedication of Streets, Roads".