§ 2-252. Representation in civil litigation.

The county attorney shall represent the county in any civil litigation commenced or provided by the county in the ordinary course of its usual and customary business affairs.

(1)

Commission approval by resolution shall be required before any extraordinary litigation filed on behalf of the county against third parties as hereinafter defined and limited is commenced on behalf of the county or the commission.

(2)

The term "extraordinary litigation" means, for the purposes of this section, any litigation other than litigation commenced or pursued by the county in the ordinary course of its usual and customary business affairs and said definition shall exclude any suit filed by the county:

a.

To enforce its contractual rights;

b.

To enforce any ordinance or resolution of the county;

c.

To enforce any state law;

d.

To collect any debt or taxes due and owing to the county or any of its enterprise funds;

e.

To appeal any civil service decision;

f.

To assert any counter-claim, cross-claim or third party claim permitted by the Tennessee Rules of Civil Procedure;

g.

To enforce any franchise agreement or contract to which the county is a party; or

h.

To enforce or prosecute any claim similar to any of the foregoing.

(3)

Commission approval by resolution shall be required before any outside or special counsel is employed by the county to commence any extraordinary litigation for or on behalf of the county and/or the commission, unless the county attorney certifies to the chairman of the commission that based on reasonable expectations and the proposed hourly rate(s) or contingent fees of counsel that the total compensation of counsel for such matter and related cases will not exceed $50,000.00 in the aggregate.

(Code 1992, § 2-92; Ord. No. 13, § 2, 8-10-1987; Ord. No. 487, 8-8-2018; Ord. No. 499, 12-18-2018)