DATE: August 7, 2018
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Director of Human Resources
SUBJECT: Request to Defend Public Officer(s) or Employee(s)
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(s)/
Employee(s) Position Title of Action
William Nemoto Correctional Officer III
Sheriff’s Department Michael Hernandez Gonzalez
v
David Gutierrez Correctional Officer IV Mims, et al.
Sheriff’s Department
John Palacios Correctional Officer III
Sheriff’s Department
REPORT
Description:
Claimant alleges he was incorrectly classified by jail staff and placed in a pre-trial holding cell with known gang members where he was attacked and beaten, which is the proximate cause of the claimant’s bodily injuries.
Fresno County Claim No.: 9701 Eastern District Court Case No.1:15-CV-01200-BAM-(PC)
Claimant: Michael Hernandez Gonzalez
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 William Nemoto with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for David Gutierrez with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for John Palacios with Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Juan Lopez