DATE: December 12, 2023
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Request to Defend Public Officers or Employees in Litigation
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute six Agreements to Defend Public Officers or Employees for the employees listed below:
Name of
Employee Current Position Title of Action
Lakeisha Akins Social Worker, Veronica Hernandez, et al.
Department of Social Services v
Marshunda Harding Social Work Supervisor County of Fresno, et al.
Department of Social Services
Annette Jones Unlicensed Mental Health Clinician
Department of Behavioral Health
Sergio Klassen Defense Investigator
Public Defender
Christina Lara Social Work Practitioner
Department of Social Services
Eva Torres Social Worker
Department of Social Services
REPORT
Description:
The plaintiffs allege that negligent supervision, failure to perform mandatory duties, and deprivation of fourteenth amendment rights by employees of the Department of Social Services were the proximate cause of the plaintiffs’ injuries. All employees were employed with the Department of Social Services at the times relevant to the allegations in the lawsuit but some have since moved to other positions.
Fresno County Claim No.: 10675
Eastern District Court.: 1:22-CV-01145-ADA-EPG
Plaintiff: Veronica Hernandez, et al.
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 protected.
In the above-mentioned action, the employees who have been named in the suit have requested the County to provide legal defense. The necessary agreement to protect the County’s rights has been signed by said employees and is on file with the Clerk of the Board.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Lakeisha Akins
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Marshunda Harding
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Annette Jones
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Sergio Klassen
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Christina Lara
On file with Clerk - Agreement to Defend Public Officer or Employee, Reservation of Rights and Non Waiver Agreement for Eva Torres
On file with Clerk - Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Paige Benavides