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Approve Defense and Indemnity for Sage Albright and her marital community, if any. BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 22-065 APPROVE DEFENSE AND INDEMNITY FOR SAGE ALBRIGHT AND HER MARITAL COMMUNITY, IF ANY 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 former employee Sage Albright and her marital community have been named as defendants in the matter of Kyle MacDonald, et al. v. Lewis County Sheriff's Office, et al., Thurston County Superior Court Case No. 22-2-00315-34, and Rebecca MacDonald, et al. v. Lewis County Sheriff's Office, et al., Thurston County Superior Court Case No. 22-2-00317-34, which relate to actions allegedly taken in the course and performance of her duties for Lewis County; and WHEREAS, Sage Albright and her 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 Sage Albright and her marital community, if any, is appropriate in the circumstances of this case. NOW THEREFORE BE IT RESOLVED that the BOCC approves the requests from Sage Albright and her marital community, if any, for legal defense and indemnity in the above-referenced lawsuits, 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 her duties undertaken on behalf of Lewis County; and NOW THEREFORE BE IT FURTHER RESOLVED that Lewis County will provide for the legal defense of Sage Albright and her marital community, if any, in accordance herewith; and will indemnify Sage Albright and her marital community, if any, in accordance herewith. DONE IN OPEN SESSION this 8th day of March, 2022. Page 1 of 2 Res. 22-065 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin A. McDowell Lindsey R. Pollock, DVM By: Kevin A. McDowell, Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney ATTEST: • �s�°RDTtiFw�sy•, Sean D. Swope Seoan D. Swope, Vice Chair Rieva Lester •'�:s�"''CON`�'y;: F. Lee Grose Rieva Lester, F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 22-065 March 1, 2022 Chris Panush Director of Risk Management County of Lewis 351 NW North Street, Basement Rm. 023 Chehalis, WA 98532 Re: Kyle MacDonald v. Lewis County, et al. Thurston County Superior Court Case No. 22-2-00315-34; and Rebecca MacDonald v. Lewis County, et al. Thurston County Superior Court Case No. 22-2-00317-34 Dear Dir. Panush: I have been personally named as a respondent or actor, or potential responsible party, in the above referenced lawsuits in conjunction with my actions while serving in my official capacity as a Deputy Sheriff for the Lewis County Sheriffs Office. In accordance with Lewis County Resolution #03-042, I am requesting that Lewis County provide defense and indemnification in this action for myself and for my marital community. I was acting in good faith in my official capacity as an employee of Lewis County at the time of the alleged incidents. Sincerely, /s/ Sage M. Albright BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: March 8, 2022 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approving Defense and Indemnity for Sage Albright and her marital community, if any Contact: Aimee Albright Phone: 3607401185 Department: RISK - Risk Description: Authorizing legal defense and indemnity for Sage Albright and her marital community if any, regarding lawsuits brought by Kyle MacDonald., et al. and Rebecca MacDonald., et al. - Thurston County Superior Court Cases No. 22-2-00315-34 and No 22-2-00317-34, respectively. Approvals: Publication Requirements: Publications: User Status Chris Panush Pending PA's Office Pending Additional Copies: Cover Letter To: Aimee Albright, Kevin McDowell,