Information

Type: Deliberation

Department: RISK - Risk

Directors' Update: Aug. 16, 2023

Business Meeting: Aug. 22, 2023

Summary:

Authorizing legal defense and indemnity for Josh Metcalf and his marital community, and for John Roe and his marital community, if any, regarding a lawsuit brought by Gary H. Wolfelt. - 3:23-cv-05641-RJB, “Gary H. Wolfelt v. John C. Roe, Josh Metcalf, Lewis Co. Washington"

Publications:

Cover Letter To:

Additional Copies To: Aimee Albright, Amber Smith, David Bailey

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, Josh Metcalf and John Roe have been named as defendants in the matter of “Gary H. Wolfelt v. John C. Roe, Josh Metcalf, Lewis Co. Washington" - case number 3:23-cv-05641-RJB - which relates to actions allegedly taken in the course and performance of their duties for Lewis County; and

WHEREAS, Josh Metcalf and his marital community, and John Roe and his marital community, if any, have requested defense and indemnity pursuant to Resolutions 03-042 and 04-164; and

WHEREAS, it appears that the provision of legal defense and indemnity for Josh Metcalf and his marital community, and for John Roe and his marital community, if any, is appropriate in the circumstances of this case.

NOW THEREFORE BE IT RESOLVED that the BOCC approves the requests from Josh Metcalf and his marital community, and for John Roe 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 Josh Metcalf and his marital community, and for John Roe 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 22nd day of August, 2023.