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HomeMy WebLinkAbout017 08 e.~ ~ R tY) ~~ 'l(e(~tY' 5~e(Y\'\" Av-.A e rr1C4 i I i1I Pa+.!<t30Yl B(.l.d\l.n~ ~og 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 } } } } RESOLUTION NO. 17-08 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 Richard Brees that an employee of the Jefferson County Sheriffs Office was involved in chilling his free speech rights, an unreasonable search and seizure, arrest without probable cause, malicious prosecution and false arrest; and WHEREAS, the alleged violation ofMr. Brees' Constitutional and State rights has led to a civil lawsuit being filed in the United State District Court, Western District, Tacoma, Washington, alleging that Jefferson County and Jefferson County Sheriffs Deputy Brian Post are liable to Richard Brees for monetary damages; and WHEREAS, the civil lawsuit also alleges that this employee (Deputy Post) violated Mr. Brees' 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) Richard Brees; 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, Brian Post (and his marital estates, if applicable) would be, therefore, personally liable for payment of any punitive damages that might be awarded in a court oflaw to Mr. Brees; and WHEREAS, a careful review of the events and circumstances relating to Mr. Brees has led this County Commission to firmly conclude that Brian Post did not take any actions (or fail to act) such that a court oflaw should award punitive damages against them; 17-08 Resolution No. 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 Brian Post; 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 Brian Post acted properly and within the scope of his duties during his interactions with Richard Brees in 2006 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 Brian Post (and/or his marital estates) in any lawsuit filed as a result ofthe alleged unconstitutional actions as specified in the lawsuit filed in the United States District Court for the Western District at Tacoma, Washington having docket No. C07-5000 BHS. . T ~ l .. '* I "'t-.: 4.... f '....... " " ,/ -;.-" /' , Julie Matthes:' ..." r~ CfYlC Deputy Clerk ofthe Board, CMC 3rd of March ,2008 JEFFERSON COUNTY BOARD OF COMMISSIONERS p~~L - David .~~ JO~1i1t, Member Page 2 of2 .. JEFFERSON COUNTY BOARD OF COMMISSIONERS Consent Agenda Item FOR THE WEEK OF: March 3, 2008 I. Description --A brief description of the agenda item. A civil lawsuit has been filed against the County by Richard Brees alleging actions taken by a Deputy violated his civil rights, The Sheriff has done an investigation and found that the Deputy acted properly and within the scope of his duties during their interactions with Mr, Brees. II. Issues -- A short outline of the major issues or areas that should be given particular attention. RCW 4.96.041 says that if requested the County Commissioners can approve payment of the necessary expenses of defending, and any monetary judgment against the officer, employee, or volunteer. The County Commissioners passed Resolution 87-86 to allow such approval. III. Action -- What is the nature of the action the Board is being asked to take (discussion, approval of a contract, support for a grant, etc.). Approve the Resolution IV. You may also want to express the department's position or recommendation. Suggested wording for the motion (a motion to approve/adopt/accept and a motion to deny/remand) would help especially if there are specific items or wording that needs to be covered in the motion, Recommendation is to adopt this Resolution. :/IUI Frank Giffon~( Acting County Administrator 2/~r/oe I Date