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