Information

Type: Deliberation

Department: RISK - Risk

Directors' Update: July 31, 2024

Business Meeting: Aug. 6, 2024

Summary:

Authorizing legal defense and indemnity for Robert Snaza, Kevin Engelbertson, Dustin Breen and Jeremy Almond, and their marital community, if any, regarding a lawsuit brought by Joseph Nelson - Action No. 3:24-cv-05548-DGE

Publications:

Cover Letter To:

Additional Copies To: Becky Butler, 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, Lewis County Sheriff Robert Snaza and Undersheriff Kevin Engelbertson and former Lewis County employees Dustin Breen and Jeremy Almond have been named as defendants in the matter of Joseph A. Nelson v. Thurston County, et al, Action No. 3:24-cv-05548-DGE, which relates to actions allegedly taken in the course and performance of their duties for Lewis County; and

WHEREAS, Robert Snaza, Kevin Engelbertson, Dustin Breen and Jeremy Almond, and their marital communities, 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 Robert Snaza, Kevin Engelbertson, Dustin Breen and Jeremy Almond, and their marital communities, if any, is appropriate in the circumstances of this case.

NOW THEREFORE BE IT RESOLVED that the BOCC approves the requests from Robert Snaza, Kevin Engelbertson, Dustin Breen and Jeremy Almond, and their marital communities, 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 or assign legal defense for Kevin Engelbertson, Dustin Breen, and Jeremy Almond, and their marital communities, if any, and reserves the right to not indemnify for acts or omissions occurring because of actual malice, corruption, or fraud, if any; and

NOW THEREFORE BE IT FURTHER RESOLVED that the Lewis County Prosecuting Attorney's Office is hereby requested and authorized to provide or assign separate legal defense for Robert Snaza and his marital community, if any, and reserves the right to not indemnify for acts or omissions occurring because of actual malice, corruption, or fraud, if any.

DONE IN OPEN SESSION this 6th day of August, 2024.