TUESDAY. OCTOBER 19, 1971 PAGE SEVEN THE DAILY RECORD Quit Claim Deeds Mortgages Release 699 MoGhie land Tt to ard Anderson etux State of Utah Office of the Attorney General can Weber County Commissioners who have been individually as parties defendant in a law suit, together with the County which they are presently serving as County commissioners, or have previously served as County commissioners, be reimbursed for necessary and reasonable attorney's fees to pay their private, individual counsels required in defending them in said law 1st 724 nnor Yes, in . to Bk Jr etux Uta Ball Addis to Kcineth Madsen etux ?60 of Utah brought suit against this office that the State Weber County and its 795 County Commissioners individually, alleging improper expenditure of public monies for maintenance of a private road. The Weber County Attorney's Office felt there would be a conflict of interest in defending both the County Art. VI, Although no express authorization is found for it would appear that the 30. reimbursement under these circumstances T Kbt etux Warner St Sav A In to Wm Christensen etux 833 1st Pad Sav Horsley etux M G C J Scott to ton etux 462 D B to Rbt ' Crowton etux 476 Dennis Rose M Ditto to R to Jo Rose S 516 Dorothy P Lee Tr 839 Wstm Aooep Stroud etux M W Ann to Keith Life to Join St Sav Rice etux 635 Morris 875 Am Sav In to John A 675 Charles 876 Ditto 877 St Sav A In to Miller etux 885 WLkr Mur 916 Qitrl W Sav Bk Johnson etux to G Blanche T 798 Donald F Lym Raymond G lstAh Pearl W Asher etux to M Sproul etux to Keith Davis etux 728 L Wayne E to Stephen Bk etux to D Webb K Webb L Terry etux herewith- to Harold 628 Mary Gibbs Gam etux to Larry Chat etux Ma- rgaret L Van Dulnen 867 John Hancock Mutual Life to Ray S Hambleton etux win Anita Pickett etal to 621 Helen Bk Jr to 576 Marion Vanover Vanover Ditto Sec Iloyd to Gaxy 568 Merrolyn Lee Rostron etux Cm W B In to Zeldon J A Stroud Tr etux Stroud etux W Elizabeth P Speirs to Clifford Russell etux 2410 855 Metro 866 Calvin to Keith 54 6 - 2410 5L7 to Russell Wilson etux H found from the fact that to expend public monies the Legislature has authorized Counties to insure a County Commissioner against liability for damage resulting from a negligent act or omission in the scope of his 33 R Lynn Brigh- 468 S Grtr NT Sav Bk to Virgil Lambert Joisen etux 868 is employment, . . . and any expenditure for such insurance Code Ann. Utah -declared to be for a public purpose." insurance premium pays for the attorney fees incurred . Such (1953) in the defense of an action as well as for damages which may be found. In using County funds for the legal defense or a County Commissioner little difference can be seen between paying an insurance company to provide the defense and reimbursing a CoEach mmissioner who has successfully provided his own defense. a would constitute an expenditure for public purpose. Rbt W Leaver to Saniel Leaver etal K ,50 63-30-- 452 to 835 The 865 is also Harries to 411 Rbt C Raynor etux G Woffinden etux W County has the power by implication to make such reimbursement. The County Commissioners are authorized to do all things necessary tor the full discharge of their duties. Utah Code Ann. and 77 (1953). That authorization would seem' to include the power to maintain the integrity of their office by allowing County participation to defend the proper discharge of those duties. Implied authorization Sudbury 410 Dorothy Jeanne Keddington etux 17-5-9- C Johnson etux 822 824 to Paul SLC Rbt L Rice to Keith Prod Ins 806-Th- e etux to Gatrell Est 343 etal to Nelson to Roy K Kerbs etux T Wm Keddlngtcn etux the individual Commissioners for necessary and reasonable attorney's fees .only if that power has been granted by the Legislature to the County either expressly Utah, to Willow Keir etux A to Deloy Dmsley etux 804 Des Fed Sav Weber County may reimburse 17-4- 244 Richard etux to Eta CU to 234 Willow Creek Mesa LeGrande J Heaton Oliver J Parr etux to Ted Peterson etux Nona H Creek Mesa D Wta C tion of fraud or corruption on the part of the individual Commissioners and it was never contested that they had acted other than in good faith with the intent to protect the public interest and in a bonafide discharge of their duties. -1 or as necessarily implied. Utah Code Ann. (1953) . The Legislature has the power to so authorize since the Commissioners' claims arose out of their proper execution of state law. Const, of C Smith etux S 801 Ut Copper and the Commissioners individually, and hence the commissioners were required to employ private counsel. The Court subsequently found that the road upon which public monies had been expended was not a private road but in fact a public road. The monies expended thereon therefor, were done so lawfully and appropriately and the County Commissioners individually as well as the County were completely vindicated in the matter. At no time was there any allega- Porter to Ripplinger 276 Ralph the understanding of Ditto 115 Ditto 770 Riahard E Breoko It is A In to Joseph Banaoci etux 233 Eva 0 Brothers 758 Roy Cap Th etux Sav A In to Jesse Burnside etal to :i3 225 tfoneta Am GO Ditto Fred A 757 759 Hi Lend 105 114 Cap Th A In to Thomas L Banaoci etal J O'Co- Sit to Imrsen Jr Ins Theodore suit? Tr to Leo Bk Sea 735 Wstm the opinion of this office, but the legality of any such claim for reimbursement is for determination by the County Attorney. Conclusion: Collins Quick etux E named Rich- Ditto 700 712 Tr Question: J W Street etux to' Bowden etux to etux 799 Charles L Iyon Dean B Webb 821 Paul M Hhgeman f. that The general rule in other jurisdictions is to the effect a "public body may indemnify public officials, acting in good expenses incurred in suits brought! against them for acts committed in the discharge of their duties." 130 ALR 736; faith, for legal see also 56 Am Jur 2d, Municiple Corporations, counties, Although from the above such reimbursement may be made it appears to etc., 208. 930L St Sav to the County Commissioners we 14, All claims against the county presented by member of the board of county commissioners any for expenses must be itemized and verified as other claims, and must state that the service has been actually rendered, and, before allowance, such claims must be presented to the county attorney, who must endorse thereon, in thereof. writing, his opinion as to the legality claim the declares illegal, If the county attorney he must state specifically wherein it is illegal, and the claim must then be rejected by the board. For the above reasons the determination of the legality of reimbursing the County Commissioners for their necessary and reasonable attorney's fees in the specific case you have called to our attention is referred to you for determination in line with the foregoing principles. In to Ella A Jeanette 953 B Pace R St Sav Rooney 883 Wanda Gerrard to Jeanette etal 522 Jim F Brown etux to franklin to franklin Geo Kan LeFevre Kan ell 056 Gary D 526 Rural D ell to V Jean to Julie A Reo Dev Burr etux COMMERCIAL to BLDG. Kenneth SITE commercial property south off Highland Drive. Ready for immediate building. 1.6 acres, 185 a 190. Excellent for professional or business offices. Has two existing buildings for income until you are ready to build. Water well, all utilities connected. Call offka or Choice Daniels etux to Richard E Moll in et etux 073 Barben Bros Ccxist franols D Barben Maxflald 524 Jim F Brown etux to Leo Martinez etux D Johnson etux Ernest to Peterson 520 Lafe B Brow etux to Gerald E Vftos etux Johnson etux O52 Gerrard Wanda - 2410 - 047 Cap Fin to Warranty Deeds B 045 Cap Th B Mary Paxton Const to Kcineth Quit Claim Deeds 2410 Schrader etal 998 Crus Bros 0 Melby 954 R Schrader etal R In to Vernon A to Est 355-308- 6, Respectfully submitted C VERNON r B. Jms H RM R Poole etux Thrcndssn etux 103 Lucy ROMNEY Attorney General H 104 E H Throndsen etux Arcadia Ihv t i Greensides etux Greensides etux 102 Ronald Jam to B D Ranald Dever Peterson etux 958 to Sally taigeaan Tr Sdlln Bk to Orln Hinter etux this office that believe that the dfetermination of the legality of a claim presented .Attorney in by a County Commissioner must be made by the County Utah Code Ann., 1953, which provides accordance with as follows: 17-15-- 9L7 to to 467-205- 6. E 177 E. 1st So. 521-60-