4.50 County liability for acts of sheriff and/or non-civil service appointees of the sheriff.
(1) Criminal Actions Against the Sheriff.
(a) Fines. The county shall not assume any liability for the payment of any fines imposed upon the sheriff as a result of any criminal action filed against him.
(b) Attorney fees, costs and disbursements. In any criminal action filed against the sheriff of Kenosha County, the county shall pay for reasonable attorney fees and reasonable and necessary costs and disbursements in the defense of the sheriff if the action is dismissed outright or the sheriff is found innocent in that action, and only when the criminal charges stem from acts performed in the official course of his duties as sheriff of Kenosha County. The county shall pay the aforementioned attorney fees, costs and disbursements only if within ten days of service of the complaint counsel for the sheriff gives written notice to the Finance Committee of the Kenosha County Board of Supervisors by delivery to the County Clerk indicating this method of billing and hourly rate for his services (including appeals) and an estimate or approximation of his fees, costs and disbursements. In the event that the finance committee deems such legal fee or rate to be unreasonable, it may limit the county’s potential liability for attorney fees to a given rate by giving written notice to counsel for the sheriff within sixty days after having received the aforementioned notice from counsel for the sheriff. The county shall in no event pay for any costs and disbursements arising out of such action unless evidence is presented to the finance committee substantiating the indebtedness for such costs and disbursements.
(2) Civil Actions Against the Sheriff.
(a) Damages. Pursuant to Article VI section 4 of the Wisconsin Constitution, the county shall not be liable for payment of any judgment damages incurred by the sheriff as a result of civil litigation commenced against him.
(b) Attorney fees, costs and disbursements.
1. In those instances in which the sheriff of Kenosha County has obtained the benefit of a policy of liability insurance in full force and effect covering acts or omissions arising out of the scope of his employment and has filed a copy of said insurance policy with the Kenosha County Clerk, legal representation of the sheriff shall be by the insurer in the first instance. In the event that the insurer refuses to provide such legal representation, or in the event the sheriff has elected not to procure such insurance, the corporation counsel’s office shall offer to provide counsel to the sheriff for the purpose of challenging the decision of the insurer and/or representing the sheriff in the principal cause of action commenced against him for acts or omissions of the sheriff arising out of the scope of his employment.
Should the sheriff decline the offer of representation by the corporation counsel’s office, the county shall assume no liability for legal fees incurred by the sheriff. In the event of representation by the corporation counsel’s office, it shall be understood that the sheriff retains his right to seek outside counsel at his own expense, and furthermore, in so representing the sheriff, he shall hold harmless the county for providing his legal defense. Legal fees incurred by the sheriff in defending an action shall only be paid by the county should the corporation counsel’s office refuse or be unable to defend the sheriff. Notice of such expenses shall be given to the Finance Committee as provided in section (1)(b). Reasonable and necessary costs and expenses (excluding attorney fees) not covered by a policy of insurance and incurred in the defense of civil actions commenced against the sheriff in his official capacity shall be paid by the county pursuant to the guidelines set forth in section 895.35 of the Wisconsin Statutes regardless of representation by the corporation counsel’s office, provided, however, that the county shall in no event pay for any costs and disbursements arising out of such action unless evidence is presented to the finance committee substantiating the indebtedness for such costs and disbursements.
(3) Actions Against Non-Civil Service Appointees of the Sheriff. If a non-civil service appointee of the sheriff is a defendant in any action or special proceeding and is proceeded against in an official capacity or is proceeded against as an individual because of acts committed while carrying out duties as a non-civil service appointee of the sheriff and the jury or the court finds that the defendant was acting within the scope of employment, the judgment as to damages and costs entered against the non-civil service appointee of the sheriff in excess of any insurance applicable to the officer or employee shall be paid by Kenosha County. Regardless of the results of the litigation, the county, if it does not provide legal counsel to the non-civil service appointee of the sheriff, shall pay reasonable attorney fees and costs of defending the action, unless it is found by the court or jury that the defendant non-civil service appointee of the sheriff did not act within the scope of employment. Failure by the non-civil service appointee of the sheriff to give notice to the sheriff of an action or special proceeding commenced against the defendant non-civil service appointee of the sheriff as soon as reasonably possible is a bar to recovery by the non-civil service appointee of the sheriff from the county of reasonable attorney fees and costs of defending the action. The attorney fees and expenses shall not be recoverable if the county offers the non-civil service appointee of the sheriff legal counsel and the offer is refused by the non-civil service appointee of the sheriff. If the non-civil service appointee of the sheriff refuses to cooperate in the defense of the litigation, the non-civil service appointee of the sheriff is not eligible for any indemnification or for the provision of legal counsel by the County under this ordinance.