HomeMy WebLinkAbout87-028~~` = : ~~r; COU~iTY ~CJF BUTTE, STA~T~ OF CALIFORNIA
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Resolution No. s7-~8
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE,
STATE OF CALIFORNIA,
AUTHORIZING DEFENSE AND INDEMNIFICATION OF PUBLIC EMPLOYEE
WHEREAS, Civil Action No. 8~1~129 in the Superior Court for the County
of Butte, Jones,_ et al. _v_._Brookst et al., remains pending; and
WHEREAS, Sheriff Leroy Wood is to be substituted therein as a defendant
as the successor in interest to former Sheriff Hal Brooks; and
WHEREAS, this Board is required by law to provide defense for the Sheriff
of the County of Butte for actions and proceedings brought far acts and omissions
arising out of the course and scope of their office in the absence of any conflict
of interest between the Board and the Sheriff; and
WHEREAS, Sheriff Wood has agreed that should a conflict of interest arise
between the County of Butte and the Sheriff, joint counsel for the County of Butte
and the Sheriff would be permitted to continue to represent the County of Butte,
notwithstanding that conflict.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to Government Code
§825, the County of Butte retains the law firm of Popelka, Allard, McGowan &
Jones to represent and defend Sheriff i,eroy Wood in connection with the matter
of Janes, et aI. v. Brooks, et al. under the same terms and conditions of said firm's
representation of the County of Butte and the Board of Supervisors of the County
of Butte.
PASSED AND ADOPTED this 3rd day of March , 19$7
by the following vote:
AYES: Supervisors Fulton, McInturf, Mcl.augh1in, llercurse and Chair Dolan
NOES: Nane
ABSENT: None
NOT VOTING: None
JA E llULAN; Chair
Butt County Board of Supervisors
ATTEST: 11'IARTIN J. NICHOLS,
Chief Administrative Officer and
Clerk of the Board of Supervisors
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CHIEF ADMINISTRATIVE OFFICE
COUNTY OF BUTTE
25 COUNTY CENTER dRIVE - OROVIL>_E, CALIFORNIA 954b5-3380 - (916) 538-7631
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MARTIN J. NICHOLS
CHIEF ADMINISTRATIVE OFFICER ~~ tANn
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Leroy mood, Sheriff-'Coroner
County of Butte
33 County Center Drive
Oroville, CA 95965
Dear Sheriff Wood:
;AG~,Ni~A 4NFORMA~CI~~
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gUiTlu C;OuN~EY SHCE~IFF'~1TR DF THE aOARp:
[;0+~!3(~cF'~l~!CEs•!Cl= ROUTING EL A. McENTURF
?IVISIQtd " A~~.fi0~1r~~~If~FO DUE DATE JANE ODLAN
" ~~ AREN VERCRUSE
~'l~~!fF ED McLAUGHLIN
__ LEN FULTON
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At its next regular meeting, the Board of Supervisors will consider a resolution
to retain the law firm of Popeika, Allard, 11~cCowan & Jones to represent you in
the matter of Jonesi et al. v. Brooles~_et al.., Butte County Superior Court No. 54429.
This law firm is already representing the •County of Butte and the Board of Super-
visors of the County of Butte at meet-and-confer sessions and other matters concern-
ing the Consent Decree in that case.
It is my intention to recommend that the Board retain the outside law firm
to represent you. This is based on my understanding that you do not intend to use
the Consent Decree as a means to attempt to resolve any disputes which may come
up between you and the County. Therefore, there would not be a conflict of interest
between the County and Board on the one hand and yourself on the other hand.
It is conceivable that a conflict might arise in the future between you and the
Board of Supervisors in connection with the Consent Decree. It is my understanding
that this might require that the law firm of Popelka, Allard, McGowan & Jones
cease representing not only you but the County and Roard of. Supervisors as well.
If so, the County would then face the very substantial expense of having another
attorney familiarize himself or herself with the very large and complex file in
this matter.
In order to avoid this possibility, I request that you agree that, should a conflict
of interest develop between you on the one hand and the Board of Supervisors and
County of Butte on the other hand, that the Iaw firm would withdraw from its repre-
sentation of you but could continue to represent the County and the Board of Super-
visors. In other words, I am asking that you waive in advance any conflict which
might arise from having the law firm continue to represent the County and the
Board.
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FHB 2 31987
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Leroy Wood, Sheriff-Coroner -2-
February 6, 1987
If this is agreeable to you, would you please sign the enclosed copy of this letter
and return it to me. l will then put the Resolution authorizing the County to provide
for your defense in the Consent Decree on the agenda for the next Board meeting.
Thank you for your cooperation.
MJ'N/rd
Enclosure
V y tru r
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P~Iartin J ichols
Chief A ministrative Officer
I agree and authorize the County of Butte to retain the firm
of Popelka, Allard., McGowan & Janes to represent me in the
matter of Jones, et al v. Brooks, et al (consent Decree),
however, should a conflict arise between the Board of Super-
visors and myself in connection with the Consent Decree, I
request that the law firm withdraw from its representation of
me and that the County of Butte retain, at County expense, a
law firm to represent me.
W00~~ , 5 serif - o~:oner
February 19, 1987
DATE