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HomeMy WebLinkAboutR83-047 - representation of sheriff's department in John Martinez4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF "C /OLORADO RESOLUTION NO. 83- 7 a REPRESENTATION OF THE EAGLE COUNTY SHERIFF'S DEPARTMENT - JOHN MARTINEZ VS. EAGLE COUNTY SHERIFF'S DEPARTMENT - CHARGE OF DISCRIMINATION - COLORADO CIVIL RIGHTS COMMISSION, CHARGE NO. E23DR482 WHEREAS, the Eagle County Sheriff's Department has been named as a Respondent in the above - referenced charge of discrimination; and WHEREAS, pursuant to Section 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 Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board," has authorized the Eagle County Attorney's office to represent the Eagle County Sheriff's Department in the above - referenced charge of discrimination; provided, however, that if during the subject administrative proceedings, a conflict arises between the Sheriff as the internal personnel manager of his office and the Board as the financial and business manager of the County, the County Attorney's Office shall withdraw as legal counsel to the Eagle County Sheriff's Department; and WHEREAS, in the event of a conflict between the Sheriff and the Board, the Board requests the District Attorney's Office to thereupon assume the legal representation of the Eagle County Sheriff's Department. 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. 1973, as amended, the Board hereby requests the District Attorney for the 5th Judicial District to represent the Eagle County Sheriff's Department named as a Respondent in the above - referenced charge of discrimination upon a determination by the Board pursuant to Resolution that the Eagle County Attorney's Office can no longer adequately represent said Respondent by reason of a conflict between the respective positions taken by the Respondent and the Board in the aforementioned matter. THAT, a copy of this Resolution and any future Resolutions regarding the subject matter set forth herein shall forthwith be transmitted to the District Attorney and the Eagle County Sheriff. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this rc4l&- day of June, 1983. ATTEST: By : rn ,,.Clerk of t e Boar of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COU&TY COMMISSIONERS By: David E. Mott, Chairman 2 W. Keith Troxel, o issioner Dan i iams, ommissioner