DATE: March 19, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Request to Defend Public Officers or Employees
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute "Agreement to Defend Public Officers or Employees, Reservation of Rights, and Non Waiver Agreement" for the employee listed below:
Name of
Employee Current Position Title of Action
Jamie Palm Defense Attorney, Brenda Jewell Manter
Public Defender v
County of Fresno, et. al.
REPORT
Description:
The plaintiff alleges that while they were walking down a hallway in the Fresno Superior Courthouse a door was suddenly and abruptly pushed open by Ms. Palm, which was the proximate cause of the plaintiffs' injuries. Ms. Palm was employed with the Public Defender's office at the times relevant to the allegations in the lawsuit.
Fresno County Claim No.: 10861
Fresno County Superior Court.: 24CECG00053
Plaintiff: Brenda Jewell Manter
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 employee who ha...
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