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STATE OF WASHINGTON
County of Jefferson
In the Matter of Agreeing to Pay Any Punitive
Damages that Might be Awarded Against an
Employee Employed by the Jefferson
County Sheriff
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RESOLUTION NO. 14-07
WHEREAS, there are many risks faced by those employed by the Jefferson County
Sheriffs Office; and
WHEREAS, one ofthose 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 Tara L. Thomas that an employee of the Jefferson County
Sheriffs Office was involved in or undertook an umeasonable search and seizure, arrest without
probable cause unlawful imprisonment, and negligent inflection of emotional stress and that Ms,
Garrett was negligently supervised by her supervisors; and
WHEREAS, the alleged violation ofMs, Thomas' Constitutional and State rights has led
to a civil lawsuit being filed in the Superior Court for the State of Washington in Kitsap County,
alleging that Jefferson County and Barbara Garrett are liable to Tara L. Thomas for monetary
damages; and
WHEREAS, the civil lawsuit also alleges that this employee violated Ms. Thomas' 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) Tara L. Thomas; 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, Barbara Garrett (and her 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. Thomas; and
WHEREAS, a careful review of the events and circumstances relating to Ms. Thomas
has led this County Commission to firmly conclude that Barbara Garrett did not take any actions
(or fail to act) such that a court of law should award punitive damages against them;
Resolution No. 14- 0 7 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain Employee of the Jefferson
County Sheriff
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
Barbara Garrett; 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
#87 -86,
NOW, THEREFORE, BE IT RESOL VED by the Board of Commissioners of and for the
County of Jefferson as follows:
1. Jefferson County Sheriffs employee Barbara Garrett acted properly and within the
scope of her duties during her interactions with Tara L. Thomas in 2004 and as
such are entitled to a defense within the scope of the relevant insurance policy or
policies that insure the municipal corporation 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 individual known as Barbara Garrett
(and/or her marital estates) in any lawsuit filed as a result ofthe alleged
unconstitutional actions as specified in the lawsuit filed in the Superior Court for
the State of Washington in and for the County of Kitsap having docket No. 062
013231.
12th of February
,2007
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Davi ~ ,
J~tin, Member
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Julie M'afthes,
~77[~ C/YlC
~eputy Clerk of the ~oard, CMC
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