3.35.030 Claims.
At the request of a commissioner or employee, the district’s attorney or the attorney retained by the board of commissioners shall investigate and defend a claim that is covered by this chapter. If the attorney deems the claim to be sustained under the law and the facts, the claim shall be paid by the district as long as the following requirements are met:
(1) As soon as practicable after receipt of notice of a claim, the commissioner or employee shall give the district’s attorney written notice of the claim, specifying the names of the commissioners or employees involved, the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim, the names and addresses of all persons allegedly injured, the names and addresses of owners of allegedly damaged property, and the names and addresses of all witnesses;
(2) The commissioner or employee shall cooperate with the district’s attorney or the attorney retained by the board of commissioners and, upon request, shall assist in making settlements of any lawsuits and in enforcing any claim for subrogation against any persons or organizations that may be liable to the district because of any damages or losses arising from the incident or conduct; and
(3) The commissioner or employee shall attend interviews, depositions, hearings and trials as requested, and assist in securing and giving evidence and obtaining the attendance of witnesses.
If the district attorney determines that a claim against the commissioner or employee is not covered by this chapter and a court of competent jurisdiction in a final judgment finds that the claim is covered by this chapter, the district shall pay the claim and reasonable attorney’s fees incurred by the commissioner or employee relating to such claim. [Res. 670 § 3, 2011.]