County of Fresno - File #: 18-1209

• File #: 18-1209
• Name: Request to Defend Public Officer(s) or Employee(s)
• In control: Human Resources
• On agenda: 11/6/2018
• Final action: 11/6/2018
• Enactment #: Agreement No. 18-623, Agreement No. 18-624, Agreement No. 18-625, Agreement No. 18-626, Agreement No. 18-627, Agreement No. 18-628
• 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 Margaret Mims Sheriff Christine Versola v Edward Mayo Sheriff's Sergeant County of Fresno, et al. Sheriff's Department John Zanoni Assistant Sheriff Sheriff's Department Stephen Wilkins Undersheriff Sheriff's Department Christopher Torres Sheriff's Lieutenant Sheriff's Department Kevin Lolkus Sheriff's Lieutenant Sheriff's Department

Date	Action By	Action	Result
11/6/2018	Board of Supervisors	Conducted Hearings	Pass

DATE: November 6, 2018

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 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

Margaret Mims Sheriff Christine Versola
v
Edward Mayo Sheriff's Sergeant County of Fresno, et al.
Sheriff's Department

John Zanoni Assistant Sheriff
Sheriff's Department

Stephen Wilkins Undersheriff
Sheriff's Department

Christopher Torres Sheriff's Lieutenant
Sheriff's Department

Kevin Lolkus Sheriff's Lieutenant
Sheriff's Department

REPORT
Description:

Claimant alleges invasion of privacy by the Internal Affairs Bureau in the Sheriff's Department, which is the proximate cause of the claimant's bodily injuries/damages.

Fresno County Claim No.: 9823 Fresno County Superior Court Case No.18CECG02795
Claimant: Christine Versola

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 agr...