Los Angeles County Municipal Code Ch. 5.32 Liability Insurance

As used in this chapter, "employee" or "its employee" means:

A.

An officer, employee or servant, whether or not compensated, but not an independent contractor;

B.

Every officer and attache of the Superior Court of this county, or of any municipal or justice court of this county who receives compensation as such and who is included in the provisions of Section 990.2 of the Government Code.

(Ord. 10702 § 1, 1973: Ord. 9022 § 1 (part), 1966: Ord. 8039 § 1, 1961: Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.81, 1942.)

Pursuant to subdivision (b) of Section 990 and Section 990.2 of the Government Code, the county, subject the limitations and exceptions hereinafter set forth in this chapter, hereby insures each of its employees against any liability resulting from an act or omission occurring during the course and scope of his employment.

(Ord. 9022 § 1 (part), 1966: Ord. 7814 § 1 (part), 1960: Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.82, 1942.)

The county does not insure any employee from liability resulting from his actual fraud, corruption or actual malice.

(Ord. 9022 § 1 (part), 1966: Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.84, 1942.)

This chapter does not apply to any liability of an employee arising from any contract entered into by him.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.85, 1942.)

This chapter does not apply to any liability for any injury by one employee to another employee during the course of their employment.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.86, 1942.)

This chapter does not apply to liability arising from any act or omission which occurred prior to July 24, 1959, the effective date of the ordinance codified in this chapter.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.83, 1942.)

The county shall not be liable under this chapter and an action shall not be against the county until after full compliance with all of the conditions of this chapter, nor until the amount of the employee's obligation to pay shall have finally been determined either by judgment against the employee after actual trial in which the employee is represented either by the county council or by an attorney at law approved by the county counsel, or by written agreement of such officer or employee, the claimant, and the county.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.89, 1942.)

A.

In the event of any accident, occurrence or loss, an employee, as soon as practicable, shall file with the county counsel a written notice containing particulars sufficient to identify such employee, and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses. If claim is made or suit is brought against such employee, he immediately shall forward to the county counsel every demand, notice, summons or other process received by him, unless the county counsel approves the employment by such employee of another attorney, in which event such employee immediately shall forward such demand, notice, summons or other process to such other attorney.

B.

The notice required by this section is in addition to the notice required by Section 5.28.040 of this code.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.87, 1942.)

An employee shall cooperate with the county counsel or other attorney approved by the county counsel, representing him, and upon the request of the county counsel or such other attorney, attend hearings and trials and assist in making settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. Such employee shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief as shall be imperative at the time of the accident.

(Ord. 9022 § 1 (part), 1966: Ord. 8345 § 1 (part), 1963: Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.88, 1942.)

If either a final judgment in an action in which the county counsel or an attorney approved by the county counsel has represented the employee, or a contract to which the county is a party, determines that such employee is liable to any person for injuries or damages covered by this chapter for any one accident or occurrence for any one employee the county shall pay the excess over the amount covered by other valid and collectible insurance, but not to exceed a total payment by the county of $75,000.00, plus premiums on bonds fur release of attachments, premiums on appeal bonds, all costs of suit awarded against the employee, and all interest on that portion of the judgment which the county has agreed to pay, accruing after the entry of the judgment.

(Ord. 9022 § 1 (part), 1966: Ord. 8345 § 1 (part), 1963: Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.90, 1942.)

Every employee for whom the county pays any liability pursuant to this chapter, in consideration for such payment, agrees that the county shall be subrogated to any rights which such employee may have against any other person arising from the accident or occurrence from which the liability of such employee arose.

Such employee further agrees to sign all assignments or other documents deemed necessary by the county or by the county counsel to enable the county to recover judgment for, or collect any amounts so due.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.91, 1942.)

This chapter does not authorize the expenditure of county funds either to pay any private attorney hired by any employee for his services or to reimburse such attorney for expenses incurred by him.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.92, 1942.)

If the county counsel advises any employee to agree to a compromise or other settlement of a claim or action against him, and such employee without a good and sufficient reason refuses to agree to such a compromise or other settlement, and both the county counsel and chief administrative officer so find, the provisions of this chapter shall not apply and the county shall not be liable.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93-93, 1942.)

In any case where the Internal Revenue Service assesses added taxes, penalties, or interest upon a county employee or officer solely upon their finding of taxable income from the county not reported by the auditor-controller on the employee's W-2 form, such assessment shall be a charge upon the county. This indemnification shall be void if the employee has withheld information or otherwise improperly influenced the auditor-controller in reporting his taxable income or the employee fails to immediately report to the county counsel any indicated assessment by the Internal Revenue Service or fails to fully cooperate with the county counsel in asserting any rights the employee or the county may have in contesting the assessment and otherwise meet the requirements of this chapter.

(Ord. 86-0015U § 1 (part), 1986.)

The board reserves the right to amend or repeal this chapter at any time. Such amendment or repeal shall not affect the right of any person arising from any act or omission which occurred prior to the effective date of such amendment or repeal.

(Ord. 7552 § 1 (part), 1959: Ord. 4099 Art. 3-D § 93.94, 1942.)