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A. Upon a determination by the County Executive or Prosecuting Attorney, as set forth in PCC 2.120.050, that the alleged acts, errors or omissions of the officer, employee or volunteer did in fact arise out of the performance or good faith attempt to perform their official duties, the County shall commence its defense of the claim or action. However, the continuation of the defense shall be contingent upon the cooperation of the officer, employee or volunteer with the Risk Manager, Prosecuting Attorney, or their agents or designees. The officer, employee or volunteer shall:

1. Assist in making settlements;

2. Assist in the conduct of actions and enforcement of claims against any person or organization who may be liable, in whole or in part, for the loss arising out of the incident;

3. Attend interviews, depositions, hearings and trials;

4. Assist in securing and giving evidence and obtaining the attendance of witnesses.

B. If the County agrees to defend said action, the officer, employee or volunteer shall not be required to make any payment, assume any legal obligation or incur any expense arising out of the defense or in settlement of the claim or action.

C. In the event that any such officer, employee or volunteer fails or refuses to cooperate as specified above, or elects, without the consent of the Prosecuting Attorney, to provide his or her own legal representation with respect to the claim or action, the County shall have no duty to:

1. Defend;

2. Pay or reimburse for any costs incurred in the defense; or

3. Pay or reimburse for any damages for which the officer, employee or volunteer becomes legally obligated.

(Ord. 84-57 § 1 (part), 1984; Prior Code § 4.03.014)