HomeMy WebLinkAboutbocc.res.192.2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
LIMITED WAIVER OF PRIVILEGE TO CONFIDENTIAL ATTORNEY/CLIENT
COMMUNICATION
RESOLUTION#_11% -2002
Recitals
1. Pitkin County is involved in litigation involving a 1994 exchange of real property
(known as the Mount Sopris Tree Farm Land Exchange)with the United States of America,
consisting of patented mining claims for which the County held tax deeds,wherein a number of
private individuals are challenging the validity of those tax deeds.
2. At the time of the exchange, Timothy Whitsitt was the Pitkin County Attorney
and Jeanne Hayes was the Pitkin County Paralegal. One of the items currently pending in this
litigation is the deposition of Mr. Whitsitt and Ms. Hayes by counsel for those private individuals
involved in the litigation and a potential trial.
3. The Pitkin County Board of County Commissioners is executing this limited
waiver of confidential attorney/client privilege at the request of the United States Attorney's
Office to assist them in their continued efforts to defend this litigation in all matters relating to
the Mount Sopris Tree Farm Land Exchange and the defense of any tax deeds issued to Pitkin
County.
4. This waiver is limited to the opinions and recollections of Mr. Whitsitt and Ms.
Hayes regarding the Mount Sopris Tree Farm Land Exchange and is not extended to any
document or physical work product in his or her possession or in the possession of the County
through any of its officers, attorneys or agents.
5. This limited waiver is necessary in order to protect the community and is in the
best interest of the public.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Pitkin County, Colorado, waives the attorney/client privilege with respect to the opinions and
recollections of Timothy Whitsitt and Jeanne Hayes in regard to the litigation involving the
Mount Sopris Tree Farm Land Exchange.
This Resolution and limited waiver does not operate to waive any other privileges to
confidential communications between the County and any of its officer, attorney's or agents or
operate to waive the attorney/client privilege for any other matters or for any other events outside
the matters specifically stated herein, nor does this limited waiver extend in any way to materials
protected by the work product doctrine.
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INTRODUCED AND ADOPTED ON THE DAY OF 2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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Jea tte Jones Patti Kay-Clapper, Chair
De uty Clerk Date: GO - !S-OL
APPROVED AS TO FORM:
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John M. Ely Hilary FI c er Smith
County Attorney County Manager
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