DATE: July 10, 2018
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Director of Human Resources
SUBJECT: Request to Defend Public Officer or Employee
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute Agreement to Defend Public Officer(s) or Employee(s) for the employee(s) listed below:
Name of Officer/
Employee(s) Position Title of Action
Nicole Galstan District Attorney-Public Administrator Joshua D. Bland
Deputy District Attorney v
Nicole Galstan, et al.
REPORT
Description:
Claimant alleges Fresno County employee, Nicole Galstan Deputy District Attorney, District Attorney's Office, committed fraud, misrepresentation, unlawful imprisonment and multiple other allegations that resulted in the claimant's emotional distress and mental anguish, which is the proximate cause of the claimant's injuries/damages.
Fresno County Claim No.: 9855 (Fresno County Superior Court Case No.18CECG01284)
Claimant: Joshua D. Bland
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...
Click here for full text