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STATE OF WASHINGTON
County of Jefferson
In The Matter Of Agreeing
To Pay Any Punitive Damages
That Might Be A warded Against
Certain Commissioned Law
Enforcement Officers Employed
By The Jefferson County Sheriff
RESOLUTION NO. 64-05
WHEREAS, there are many risks faced by commissioned law enforcement officers
employed by the Jefferson County Sheriffs Office; and
WHEREAS, one of those risks is the possibility of being sued for money 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, three (3) commissioned employees of the Jefferson County Sheriffs
Office were involved in the arrest and incarceration of Jacklynn Renee Short in March
2005; and
WHEREAS, the arrest (no charges are stated against the County's jailers) of Ms.
Short has caused a civil lawsuit to be filed in the Superior Court of Jefferson County
alleging that Jefferson County, its Sheriffs Department and the three commissioned
officers are liable to Ms. Short for monetary damages; and
WHEREAS, the civil lawsuit alleges that the commissioned officers willfully
and/or knowingly violated rights guaranteed to Ms. Short by the United States
Constitution and that the three commissioned officers should be individually punished
Resolution No. 64--05 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain
Commissioned Law Enforcement Officers Employed by the Jefferson County Sheriff
for these intentional constitutional violations by being required to pay punitive
damages in addition to those damages that would serve to compensate (or make whole)
Ms. Short; and
WHEREAS, it is a bedrock principle of insurance underwriting that insurance is
not available to insure 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, payment of punitive damages; and
WHEREAS, no policy of insurance held by Jefferson County insures the County
or its employees against intentional acts by the County or its employees; and
WHEREAS, the three commissioned officers (and their marital estates, if
applicable) would be, therefore, personally liable for payment of any punitive damages
that might be awarded in a court of law to Ms. Short; and
WHEREAS, a careful review of the events and circumstances relating to the
arrest and incarceration of Ms. Short lead this County Commission to firmly conclude
that the three commissioned officers neither undertook nor failed to undertake any
action that should lead a court of law to award punitive damages against them; and
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 the three commissioned officers.
Page: 2
Resolution No. 64-05 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain
Commissioned Law Enforcement Officers Employed by the Jefferson County Sheriff
NOW, THEREFORE, BE IT RESOL VED by the Board of Commissioners of
and for the County of Jefferson as follows:
1. Jefferson County Sheriffs employees (and commissioned officers)
Scotty Boyd, Barbara Garrett and Michael Stringer acted properly and
within the scope of their duties during their arrest and incarceration of
Ms. Short in March 2005 and as such are entitled to a defense within the
scope of the relevant insurance policy or policies that insure the political
subdivision known as Jefferson County; and
2. The County agrees it shall, to the extent necessary, pay any and all
punitive damages that might be assessed against the commissioned
officers known as Scotty Boyd, Barbara Garrett and Michael Stringer
(and! or the marital estate of any of those individuals) in any lawsuit filed
as a result of the allegedly unlawful or unconstitutional arrest and
incarceration of Ms. Short in March 2005.
Approved and adopted this 10th day of October, 2005.
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JEFFERSON COUNTY
BOARD OF C MMISSIONERS
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Da~fiivan, Member
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atrick M. Rodgers, Member
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9 -.(,.\.{ '7-1 u-Wt'>-? J e I) I (
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'/ Julie Mattes, CMC
Deputy Clerk of the Board
Page: 3
JEFFERSON COUNTY
SHERIFF
79 Elkins Road
Port Hadlock, W A 98339
(:{60) 385-3831
FAX379-0513
October 5, 2005
r
,
Board of County Commissioners
Via County Administrator John Fischbach
P.O. Box 1220
Port Townsend, W A 98368
RE: Lawsuit brought by Jacklynn Short
Sirs,
I am seeking on behalf of my commissioned officers, Sgt. Michael Stringer, Deputy
Barbara Garrett, and Deputy Scott Boyd, the County Commission's authorization of the
defense of the individual officers named in the civil lawsuit started by Ms. Short at the
expense of Jefferson County or its insurer. The basis for my request rests on RCW
4.96.041 as the applicable state law. The plaintiff is not only suing the County, the
Sheriff s Office, and the named employees, but their families as well.
The County Prosecutor's Office has reviewed both the original claim, as well as the
subsequent lawsuit. The Prosecutor's Office has forwarded the existing material to the
Risk Pool and is coordinating the initial response to the plaintiff. Deputy Prosecuting
Attorney David Alvarez is familiar with the documents and can provide his opinion on
the merits of this request.
It is my professional opinion that the employees named acted appropriately and entirely
within the scope and responsibility of their duties. This requested action, if approved,
should take place as soon as possible. Your prompt consideration is appreciated.
Sincerely,
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Michael D. Brasfield
www.ieffersonsheriff.org