Information

Type: Deliberation

Department: RISK - Risk

Directors' Update: July 29, 2026

Business Meeting: Aug. 4, 2026

Summary:

Authorizing legal defense and indemnity for Ross Nielson, Arny Davis, and their marital community, if any, regarding a lawsuit brought by James Thode - Case No. 26-2-00767-21

Publications:

Cover Letter To:

Additional Copies To: Becky Butler, David Bailey

Resolution

WHEREAS, the Lewis County 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 employees Ross Nielson, Arny Davis, and their marital community, if any, have been named as defendants in a lawsuit brought by James Thode - Case No. 26-2-00767-21, which relates to actions allegedly taken in the course and performance of their duties for Lewis County; and

WHEREAS, Ross Nielson, Arny Davis, and their marital community, if any, have requested defense and indemnity pursuant to Resolution 19-167; and

WHEREAS, it appears that the provision of legal defense and indemnity for Ross Nielson, Arny Davis, and their marital community, if any, is appropriate in the circumstances of this case.

NOW THEREFORE BE IT RESOLVED that the BOCC approves the requests from Ross Nielson, Arny Davis, and their 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 the BOCC reserves the right to not indemnify and to revoke its approval should it be discovered that acts or omissions occurred because of actual malice, corruption, fraud, or lack of good faith performance of an official duty, 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 legal defense for Ross Nielson, Arny Davis, and their marital community, if any.

DONE IN OPEN SESSION this 4th day of August, 2026.