§ 2-726. Rights of the parties in civil actions.

(a)

If the county elects to proceed with the action, he or she has the primary responsibility for prosecuting the action, and is not bound by any prior or subsequent act(s) of the person (hereafter qui tam plaintiff) originally bringing the action. The county may also voluntarily dismiss the action notwithstanding the objections of the qui tam plaintiff.

(b)

If the county elects not to proceed with the action, the qui tam complainant has the right to conduct the action. If the county administrator or county attorney so requests, he or she shall be served with copies of all pleadings and motions filed in the action and copies of all deposition transcripts. When the qui tam plaintiff proceeds with the claim, the court may permit the county to take over the action on behalf of the county at a later date upon a showing of good cause.

(c)

Nothing in this article shall be construed to limit the authority of the county or the qui tam plaintiff, proceeding pursuant to this article, to compromise a claim brought in a complaint filed under this article if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.

( Ord. No. 002-2009, § 1 )