Legislation Details

File #: 24-1008   
On agenda: 9/10/2024 Final action: 9/10/2024
Enactment date: Enactment #: Resolution No. 24-309
Recommended Action(s)
Adopt Resolution to Reject the Request Tender of Defense of Civil Action Against Thomas Sire under the provisions of Government Code section 995.2, subdivisions (a)(1), (a)(2), and (a)(3) for the former employee listed below: Name of Employee Former Position Title of Action Thomas Sire Correctional Officer (Termed), Eric Von Major Sheriff's Department v Thomas Sire
Attachments: 1. Agenda Item, 2. Resolution 24-309, 3. Thomas Sire Tender of Defense, 4. Internal Affairs Case #21-064 Internal Affairs Routing Form, 5. Internal Affairs Case #21-064 Investigative Summary Report

DATE:                     September 10, 2024                     

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Hollis Magill, Director of Human Resources

 

SUBJECT:                     Adopt Resolution to Reject the Request Tender of Defense of Civil Action Against Thomas Sire

 

RECOMMENDED ACTION(S):

TITLE

Adopt Resolution to Reject the Request Tender of Defense of Civil Action Against Thomas Sire under the provisions of Government Code section 995.2, subdivisions (a)(1), (a)(2), and (a)(3) for the former employee listed below:

 

Name of

Employee                                                               Former Position                                                                                    Title of Action

 

Thomas Sire                                                                 Correctional Officer (Termed),                                          Eric Von Major

                                                                                    Sheriff’s Department                                                                                       v

                                                                                                                                                                                                                  Thomas Sire                     

 

REPORT

Description:

 

The Plaintiff alleges that Thomas Sire, while employed as a Correctional Officer in the Fresno County Jail, violated Plaintiff’s rights under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution by using excessive force to physically assault the Plaintiff.

 

Fresno County Claim No.:                                                                                                                                  10707

Eastern District Court:                                                                                                                               1:23-at-01014-NODJ-BAM

Plaintiff:                                                                                                                                                                             Eric Von Major  

 

 

ALTERNATIVE ACTION(S):

 

The Board could determine that the duty to defend officers and employees under Government Code section 995 applies and could accept the Tender of Defense of Civil Action against Thomas Sire.

 

FISCAL IMPACT:

 

There is no increase in Net County Cost associated with the recommended action.

 

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.

 

However, Government Code section 995.2, subdivision (a), provides that a “public entity may refuse to provide for the defense of civil action or proceeding brought against an employee or former employee if the public entity determines any of the following:

 

(1)                     The act or omission was not within the scope of his or her employment.

(2)                     He or she acted or failed to act because of actual fraud, corruption, or actual malice.

(3)                     The defense of the action or proceeding by the public entity would create a specific conflict of interest  between the public entity and the employee of former employee. For purposes of this section, “specific conflict of interest” means a conflict of interest or an adverse or pecuniary interest, as specified by statue or by rule or regulation of the public entity.”

 

Based on the allegations in the complaint and records from the Sheriff’s Department Internal Affairs Case No. 21-064, which have been made public under Penal Code section 832.7, subdivision (b)(1), and are available on the Sheriff’s public website, the Risk Manager recommends that the Board make the determination that all three circumstances listed in Government Code section 995.2, subdivision (a), are present here and refuse to defend the former employee.

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

On file with Clerk - Resolution

On file with Clerk - Thomas Sire Tender of Defense

On file with Clerk - Sheriff’s Internal Affairs Case # 21-064 Internal Affairs Routing Form

On file with Clerk - Sheriff’s Internal Affairs Case # 21-064 Investigative Summary Report

 

CAO ANALYST:

 

Salvador Espino