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HomeMy WebLinkAboutR86-029 representation of sheriff in Quinn v. Hayes v. Sherifft f Commissioner a glr7AFSdW moved adoption of the following Resolution: COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- a� OF A.J. JOHNSON, SHERIFF OF EAGLE COUNTY - v. County Sheriffs of Colorado, Inc., and - Eagle County District Court, Case No. WHEREAS, A.J. Johnson, Sheriff of Eagle County (hereinafter the "Sheriff "), has been named as a Third Party Defendant in the above - referenced litigation requesting contribution in the amount of any judgment awarded to Plaintiff against Defendant Haynes for attorney's fees and court costs incurred by the Plaintiff in the legal defense of Defendant Haynes in the previous district court action entitled Haynes, et al. v Troxel, et al., Case No. 80CV44, and the subsequent appeal entitled A.J. Johnson, et al. v. Board of County Commissioners, 676 P.2d 1263 (Colo. App. 1984); and WHEREAS, the Eagle County Attorney's Office represented the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), throughout the previous litigation referenced in the paragraph next above; and WHEREAS, pursuant to Section 20 -1 -105, C.R.S., the District Attorney, upon a request in the form of a resolu- tion 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., or the employ- ees 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 federal court if such action directly relates to the duties of the county officer; and WHEREAS, due to the potential conflict of interest in the Eagle County Attorney's Office representing the Sheriff in the instant litigation, the Board deems it } appropriate that the District cial District (hereinafter th the legal representation of provisions of Section 20 -1 -105, 3 Attorney for the Fifth Judi- e "District Attorney ") assume the Sheriff pursuant to the C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to Section 20 -1 -105, C.R.S., the Board hereby requests the District Attorney for the Fifth Judicial District to represent A. J. Johnson, Sheriff of Eagle County, named as a Third Party Defendant in the lawsuit entitled Quinn v. Haynes v. County Sheriffs of Colorado, Inc., and A.J. Johnson, Eagle County District Court, Case No. THAT, a copy of this Resolution shall forthwith be transmitted to the District Attorney and the Eagle County Sheriff. MOVED, READ AND Commissioners of the County its regular meeting held 1986. ADOPTED by the Board of County of Eagle, State of Colorado, at the /��&day of �Ij�}�j ^Oli , COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS tK•]id tool 4 -9-Y tillr-14� -2- _ J Commissioner Z0et /r1 /lA-� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Y`o- Commissioner Richard L. Gustafson AL�e- Commissioner John F. Loughran (! �i This Resolution passed by 4W,4- 1d,`A,74L5;- vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3-