Section 409. Actions and proceedings in official capacity

1. No officer
  whose  compensation  is  paid  from  county  funds   shall   employ   an
  attorney-at-law  to  appear  and prosecute or defend any civil action or
  proceeding brought by or against him in an  official  capacity  whenever
  under the provisions of this chapter or other law it is made the duty of
  the  district  attorney  or  county  attorney to prosecute or defend the
  same.
    2. All damages recovered  against,  or  costs  and  expenses  lawfully
  incurred  by any officer whose compensation is paid from county funds in
  the prosecution or defense of any civil action or proceeding brought  by
  or  against  him  for  an official act done or for failure to perform an
  official act shall be a county charge and shall be audited and  paid  in
  the  same  manner  as  other county charges. When the act upon which the
  action or proceeding is based  was  done  in  good  faith,  but  without
  authority of law or authorization of the board of supervisors, the board
  of supervisors may audit and pay the same as other county charges.