Information

Type: Deliberation

Department: RISK - Risk

Directors' Update: TBD

Business Meeting: Nov. 9, 2021

Summary:

Authorizing legal defense and indemnity for Sheriff Robert Snaza and his marital community, and for Chief Deputy Kevin Engelbertson and his marital community, if any, regarding a lawsuit brought by Erin McPeak., et al.  - Lewis County Superior Court Case No. 21-2-0057921.

Publications:

Cover Letter To:

Additional Copies To: Aimee Albright, Kevin McDowell,

Resolution

WHEREAS, the Board of County Commissioners (BOCC) previously established a process for providing litigation defense and indemnification for County officers and employees in certain circumstances; and

WHEREAS, Lewis County Sheriff Robert Snaza and Chief Deputy Kevin Engelbertson have been named as defendants in the matter of Erin McPeak, et al. v. Lewis County Sheriff's Office, et al., Lewis County Superior Court Case No. 21-2-0057921, which relates to actions allegedly taken in the course and performance of their duties for Lewis County; and

WHEREAS, Sheriff Robert Snaza and his marital community, and Chief Deputy Kevin Engelbertson and his marital community, if any, have requested defense and indemnity pursuant to Resolutions 03-042 and 04-164; and

WHEREAS, it currently appears that the provision of legal defense and indemnity for Sheriff Robert Snaza and marital his community, and Chief Deputy Kevin Engelbertson and his marital community, if any, is appropriate in the circumstances of this case.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners approves the requests from Sheriff Robert Snaza and his marital community, and Chief Deputy Kevin Engelbertson and his marital community, if any, for legal defense and indemnity in the above-referenced lawsuit, with the exception of, and subject to review in the event of, any award of punitive damages, based upon actions taken during the course and performance of their duties undertaken on behalf of Lewis County; and

NOW THEREFORE BE IT FURTHER RESOLVED that the Lewis County Prosecuting Attorney's Office, is hereby requested and authorized to provide legal defense for Sheriff Robert Snaza and his marital community, and Chief Deputy Kevin Engelbertson and his marital community, if any, in accordance herewith; and the Lewis County Risk Manager and/or Lewis County Claims Administrator, pursuant to Resolution 10-151, is authorized to serve as adjuster on this matter.

DONE IN OPEN SESSION this 9th day of November, 2021.