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 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 Margaret Mims with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Edward Mayo with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for John Zanoni with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Stephen Wilkins with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Christopher Torres with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Kevin Lolkus with Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Juan Lopez