DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Request to Defend Public Officer or Employee
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute "Agreement to Defend Public Officer or Employee, Reservation of Rights, and Non-Waiver" for each of the employees listed below:
Name of
Employee Current Position Title of Action
Humero Prado Assistant Director, Universal Meditech, Inc.
Department of Public Health v
County of Fresno, et. al.
REPORT
Description:
The plaintiff alleges that Assistant Public Health Director presented false information about their operation that led to the wrongful seizure of their property and destruction of it, which was the proximate cause of the plaintiff's injuries. The employee was employed with the Department of Public Health at the times relevant to the allegations in the lawsuit.
Fresno County Claim No.: 10963
Eastern District Court: 1:24-CV-00528-JTL-EPG
Plaintiff: Universal Meditech, Inc.
ALTERNATIVE ACTION(S):
No alternative action is available because Article 4 (commencing with section 825), Chapter 1, Part 2, Division 3.6 of Title 1 of the Government Code requires the County to indemnify its public employees who timely request such defense.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Funds to finance the cost of defense are contained in the Department's Org 8925, Risk Management Internal Services Fund. Defense costs are supported by annual budgetary contributions based on actuarial projections.
DISCUSSION:
The California Government Code requires the County to defend its officers and employees who are sued because of their actions while in the course and scope of employment, if they timely request such defense. The County may require officers and employees to agree that the County's rights under the law are protecte...
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