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HomeMy WebLinkAboutR81-12 Appointing the District Attorney - Chester Butz to represent EC Sherif's Officea ! RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0. 81- /o~ REPRESENTATION OF THE EAGLE COUNTY SHERIFF - EMBLETON, ET AL, V. THE STATE OF COLORADO, ET AL., CIVIL ACTION N0. CV5 - DISTRICT ATTORNEY S OFFICE WHEREAS, Jack Haynes as the duly elected Sheriff of Eagle County, and D. Gregory Ulrick, Jim Clark, Phil Biersdorfer, Randy Parker and Ken Sortland as sworn Sheriff's Deputies in the Eagle County Sheriff's Department, have been named as Defendants in a lawsuit entitled Embleton, et al., v. The State of Colorado, et a1., Civil Action No. 81CV51, filed in the District Court in and for the County of Eagle; and WHEREAS, pursuant to § 20-1-105, C.R.S. 1973, as amended, the District Attorney, upon a request in the form of a Resolution by the Board of County Commissioners of any County within his district, shall represent any county officer enumerated in Article 10 of Title 30, C.R.S. 1973, or the employees of any such officer in the defense of any civil suit or civil proceeding brought against such officer in any court of this state or any federal court if such action directly relates to the duties of the county officer; and WHEREAS, the Sheriff of Eagle County by letter dated March 3, 1981, of which a copy has been attached hereto, has requested the Board of County Commissioners, County of Eagle, Colorado, hereinafter referred to as the "Board", to appoint the District Attorney for the 5th Judicial District to represent himself and his employees in the above-entitled action. c NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, Colorado: THAT, pursuant to § 20-1-105, C.R.S. 1973, as amended, the Board hereby requests the District Attorney for the 5th Judicial District to represent the Sheriff of Eagle County and his employees named as Defendants in the above-referenced lawsuit upon a determination by the District Attorney that the allegations within the pleadings filed in said lawsuit directly relate to the duties of the Sheriff. THAT, a copy of this Resolution shall forthwith be transmitted to the District Attorney and the Sheriff of Eagle County. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held this 6th day of March, 1981. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS ~y ~ ~~~ . C er o th oard o unty Commissioners APPROVED AS TO FORM: Beth A Whittier County Attorney By: Dale F. Grant, Chairman ~~ ~ / Keith Troxel, C issioner Dan Williams, Commissioner • ~ Jfier{~~ CCiu~eir~ze-x~ + ~ . ~o ~7- ~aci~ JLa~nes Jam ~izr~ t~~~~ t~~l;~Ci~~~ 2~ ~a~ X59 03~ 32~ 66~~ March 3, 1981 Chairman Dale Grant Board of County Commissioners RE: James V. Embleton VS Colorado State Patrol & Eagle Co. Sheriff Dear Sirs: I am hereby requesting that the Board pass a Resolution appointing the District Attorney, Chester Butz, to represent the Sheriff's Office in the above referenced law suit. Sincerely, /J,// a / / . /~ •' / ~ ' :/ Jack Haynes-Sheriff Eagle County Sheriff's Department XC: County Attorney-Beth tiJhittier District Attorney-Chet Butz