DATE: October 18, 2016
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Director of Human Resources
SUBJECT: Request to Defend Public Officers or Employees
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute “AGREEMENTS TO DEFEND PUBLIC OFFICERS OR EMPLOYEES” for the employees listed below:
Name of Officer(s)/
Employees Position Title of Action
Margaret Mims Sheriff Dustin Callison
Sheriff-Coroner v
Corizon Healthcare, et al
David Pomaville Director
Department of Public Health
Description:
Claimant alleges improper care by Corizon medical staff at the Fresno County Jail infirmary caused claimant to suffer bodily injuries, which is the proximate cause of the claimant’s injuries/damages.
Fresno County Claim No.: MM15-0004 (Fresno County Superior Court Case No. 16CECG01663)
Claimant: Dustin Callison
REPORT
ALTERNATIVE ACTION(S):
No alternative action is available as Article 4 (commencing with section 825), Chapter 1, Part 2, Division 3.6 of Title 1 of the Government Code requires the County indemnify its public employees.
FISCAL IMPACT:
Funds to finance the cost of defense are contained in the 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 officer(s) and/or employees(s) who are sued because of their actions while in the course and scope of employment. The County may require officer(s) and/or employee(s) to agree that the County’s rights under the law are protected.
In the above-mentioned action, the officer(s) and/or employee(s) 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 officer(s) and/or employee(s) and is on file with the Clerk to the Board.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreements to Defend Public Officer or Employee for Margaret Mims and David Pomaville with Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Sonia De La Rosa