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File #: 18-0689    Name: Request to Defend Public Officers or Employees
In control: Human Resources
On agenda: 7/10/2018 Final action: 7/10/2018
Enactment date: Enactment #: Agreement No. 18-371
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.
Attachments: 1. Agenda Item, 2. Agreement A-18-371 with District Attorney's Office

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(s) 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(s) or Employee(s) for Nicole Galstan with Exhibit “A” Article 4. Indemnification of Public Employees

 

CAO ANALYST:

 

Juan Lopez