HomeMy WebLinkAbout002 15yy� ( STATE OF WASHINGTON
County of Jefferson
In the Matter of Agreeing to Pay Any Punitive } 02 -15
Damages that Might be Awarded Against a } RESOLUTION NO.
Former Elected Official For Actions During }
Her Tenure As the Elected Jefferson }
County Prosecutor }
WHEREAS, there are many risks faced by those elected by the Jefferson County
citizenry to prosecute those persons who violate the criminal statutes of this state; 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 alleged by the Fagers, Gary Corman and Ted DeBray (collectively "the
Plaintiffs ") that Juelanne B. Dalzell, while serving as the elected Prosecuting Attorney In and For
Jefferson County, condoned, supervised or tolerated an unlawful search and seizure, arrest
without probable cause, malicious prosecution and false imprisonment against them (or, in the
alternative, customs and policies that gave rise to or authorized such unconstitutional actions)
and did, in contradiction to law, discharge DeBray from his employment as a Deputy Prosecuting
Attorney; and
WHEREAS, the alleged unlawful actions by Dalzell, including violation of Plaintiffs'
Constitutional and State rights has led to a civil lawsuit ( 414 -cv- 05940) being filed in the United
State District Court, Western District of Washington, alleging that Dalzell is liable to the
Plaintiffs for monetary damages; and
WHEREAS, the civil lawsuit also alleges that Dalzell violated the Plaintiffs' civil rights
guaranteed by the United States Constitution and that she 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, Dalzell (and her 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 relating to the Plaintiffs'
02 -15
Resolution No. re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against a Former Elected Official for Actions
During Her Tenure as the Elected Jefferson County Prosecutor
allegations has led this County Commission to firmly conclude that Dalzell acted lawfully and
within her authority regarding both the criminal investigation of the Plaintiffs and the termination
of DeBray's employment and did not take any actions (or fail to act) such that a court of law
should award punitive damages against her;
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
Dalzell; 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
436- tl,thus
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of and for the
County of Jefferson as follows:
Juelanne B. Dalzell acted properly and within the scope of her duties with respect
to all actions or omissions relating to the Plaintiffs or referred to them in their civil
complaint and as such is entitled to a defense within the scope of the relevant third
parry 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 Juelanne B.
Dalzell (and/or her 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. #14 -cv-
05940.
J,
ATTEST6i o i , ;
ADOPTED this 5t�dav of fanj4", 2015
C�
Carol C7
yn very,
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD Ow!G7`�— r--\RS
IkltnO 5 tu1�,+bL Chair
J�dfj- th,n(, e&,d Member
C.
Phil Jo'i V,
hn n
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: Dec e 22, 201�i
SUBJECT: RESOLUTION re: Agreeing to Pay any Punitive Damages that Might be
Awarded Against a Former Elected Official for Actions During Her Tenure as
the Elected Jefferson County Prosecutor (Indemnification of Juelanne Dalzell)
STATEMENT OF ISSUE:
An email was received from Juelanne Dalzell requesting the Commissioners approve a resolution
for defense and indemnification of herself regarding the Fager, et al. v. Olympic Peninsula
Narcotics Enforcement Team, et al.
RECOMMENDATION:
Approve the resolution.
REVI W BY:
hI rp Morley, unty Admini rator Date