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The Board of County Commissioners recessed at 4:54 P.M. and reconvened as the District Board of Fire Commissioners of the North and South County Districts. DISCUSSION RE LIABILITY IN FIRE DISTRICTS (Continued) Attorney Vitunac read the following from state law: "No County Commissioner shall be held personally liable in tort or named as a defendant in any suit for damages suffered as a result of any act within the scope of his employment unless he acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property." He emphasized that the Board member can't even be named unless someone alleges these facts. Commissioner Lyons inquired what happens if someone does allege them, and Attorney Vitunac advised that his office and the insurance agents would look at the claim to see if it had any validity to it, and if they think it is an "off-the-wall case, they defend it anyway and just move to dismiss it, but if the claim is a true one and there is a great chance, of losing the suit, then the insurance agent would write us a letter saying they do not cover that and you better get your own lawyer. Discussion Conti"hued at length re the possibility of law- suits and who would defend, etc., with Commissioner Lyons contin- uing to express concern about having to front the money for defense. Attorney Vitunac believed that one of the problems associated with working for government is the possibility of these crank lawsuits. After further discussion, the Chairman felt that during budget sessions, we will hear some recommendations for an insurance, or risk management person, and he believed one of the first things this person should do is look into all this as he did not think there is any quick solution. 13 JUN 2 0 1986 BOOK 64 FnUE 9 °'ry 75