HomeMy WebLinkAbout001 15(1C'- S N
TV\ STATE OF WASHINGTON
YM County of Jefferson
In the Matter of Agreeing to Pay Any Punitive }
Damages that Might be Awarded Against an } RESOLUTION NO. 01 -15
Employee Employed by the Jefferson }
County Sheriff }
WHEREAS, there are many risks faced by those employed by the Jefferson County
Sheriffs Office; and
WHEREAS, one of those risks is the possibility of being sued for monetary damages as a
result of actions and omissions undertaken by them while performing their assigned duties
because those acts or omissions were allegedly unlawful and /or unconstitutional; and
WHEREAS, it is claimed by the Fagers and Gary Corman (collectively "the Plaintiffs ")
that an employee of the Jefferson County Sheriffs Office was involved in an unlawful search and
seizure, arrest without probable cause, malicious prosecution and false imprisonment against
them; and
WHEREAS, the alleged violation of Plaintiffs' Constitutional and State rights has led to a
civil lawsuit ( #14 -cv- 05940) being filed in the United State District Court, Western District of
Washington, alleging that Jefferson County, the Jefferson County Sheriffs Office and Jefferson
County Sheriffs Deputy Mark Apeland are liable to the Plaintiffs for monetary damages; and
WHEREAS, the civil lawsuit also alleges that this employee (Deputy Apeland) violated
the Plaintiffs' civil rights guaranteed by the United States Constitution and that he should be
individually punished for these intentional constitutional violations by being required to pay
punitive damages in addition to those damages that compensate (or make whole) the Plaintiffs;
and
WHEREAS, it is a bedrock principle of self - insurance underwriting that third party
liability self - insurance coverage is not available to protect or hold harmless a person or entity
against intentional actions by that person or entity or the consequences of such intentional actions,
the consequences including, by way of example, the payment of punitive damages; and
WHEREAS, no policy of third party liability self - insurance held by Jefferson County
protects or hold the County or its employees harmless against intentional acts by the County or its
employees; and
WHEREAS, Mark Apeland (and his marital estate) would be, therefore, personally liable
for payment of any punitive damages that might be awarded in a court of law to the Plaintiffs; and
WHEREAS, a careful review of the events and circumstances giving rise to the civil
action filed by the Plaintiffs has led this County Commission to conclude that Mark Apeland did
Resolution No. 01 -15 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain Employee of the Jefferson
County Sheriff
not take any actions (or fail to act) such that a court of law should award punitive damages against
him:
WHEREAS, despite the conclusion reached in the previous sentence, it remains
impossible to predict with certainty that there will be no award of punitive damages against Mark
Apeland; and
WHEREAS, the County Commission adopts this Resolution pursuant to the authority
granted to it by RCW 4.96.041 and in accordance with Jefferson County Commission Resolution
#36 -11, thus
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of and for the
County of Jefferson as follows:
Jefferson County Sheriff's employee Mark Apeland acted properly and within the
scope of his duties during his interactions with the Plaintiffs and as such is entitled
to a defense within the scope of the relevant third party liability self - insurance
policy or policies that protect and hold harmless the municipal corporation
(political subdivision) known as Jefferson County, Washington; and
2. The County agrees it shall, to the extent necessary, pay any and all punitive
damages that might be assessed against the individual known as Mark Apeland
(and /or his marital estate) in any lawsuit filed as a result of the alleged
unconstitutional actions as specified in the lawsuit filed in the United States
District Court for the Western District of Washington having docket No. 914 -cv-
05940.
APPROVED andADOPTED this
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ATTEST:
Carolyn Every,
Deputy Clerk of the Board
day of 9411 ptari', 201
JEFFERS COUNTY
BOAR940F COMM SI NERS
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Page 2 of 2
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Deputy Clerk of the Board
DATE: Dggewbe>-l�—,2e14
SUBJECT: RESOLUTION re: Agreeing to Pay any Punitive Damages that Might be
Awarded Against an Employee Employed by the Jefferson County Sheriff
(Indemnification of Mark Apeland)
STATEMENT OF ISSUE:
A letter was received from Joe Note and Mark Apeland requesting the Commissioners approve a
resolution for defense and indemnification of Mark Apeland regarding the Fager, et al. v.
Olympic Peninsula Narcotics Enforcement Team, et al.
RECOMMENDATION:
Approve the resolution.
RE E Y:
ip Morley, C un y Adminis Date