Legislation Details

File #: 24-582    Version: 1
Type: Resolution Status: Passed
File created: 10/9/2024 In control: Board of County Commissioners Business Meeting
On agenda: 10/22/2024 Final action: 10/22/2024
Title: Approval of a resolution authorizing settlement of Noah Graf Notice of Claim
Attachments: 1. Board Summary Report, 2. Resolution

To:                                                               Board of County Commissioners

 

Through:                                          Ronald Carl, County Attorney

 

Prepared By:

prepared

Writer Mott, Deputy County Attorney

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Subject:

title

Approval of a resolution authorizing settlement of Noah Graf Notice of Claim

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Purpose and Request:

recommended action

The County received a Notice of Claim on behalf of Noah Graf related the circumstances of his traffic stop and K-9 sniff of his vehicle that occurred on December 11, 2022. This BSR and the accompanying resolution seek the Board’s formal approval of the settlement the parties agreed to as previously discussed with the Board.

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Background and Discussion: Mr. Graf alleges on December 11, 2022, he was the subject of an unreasonable search and seizure by officers of Lone Tree Police Department and an Arapahoe County Sheriff’s Office K9 deputy. Mr. Graf also alleges his car was scratched with the K9’s claws during the air sniff of his vehicle.

 

Alternatives: If the Board elects not to approve the settlement, Mr. Graf will file litigation, and the County could risk judgment being entered Mr. Graf’s favor in excess of the settlement amount. 

 

Fiscal Impact: The County will be required to pay the settlement amount agreed to by the parties that was previously discussed with and approved by the Board.

 

Alignment with Strategic Plan:

                     ☒Be fiscally sustainable

                     ☒Provide essential and mandated service

                     ☒Be community focused

 

Concurrence: Risk Management concurs with this request.

 

Resolution:  A draft resolution is included.