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File #: 19-0650    Version: 1 Name: Request to Defend Public Officer(s) or Employee(s)
Type: Agenda Item Status: Approved
File created: 5/10/2019 In control: Human Resources
On agenda: 6/4/2019 Final action: 6/4/2019
Enactment date: Enactment #: Agreement No. 19-241, Agreement No. 19-242, Agreement No. 19-243, Agreement No. 19-244
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 Michael Esquivel Correctional Officer Tiengkham Singanonh Sheriff's Department v Rodriguez, et al. Nidia Sanchez Correctional Officer Sheriff's Department Joe Rodriguez Correctional Officer Sheriff's Department Brian Pree Correctional Officer Sheriff's Department
Attachments: 1. Agenda Item, 2. Agreement A-19-241 to Defend - M. Esquivel, 3. Agreement A-19-242 to Defend - N. Sanchez, 4. Agreement A-19-243 to Defend - J. Rodriguez, 5. Agreement A-19-244 to Defend - B. Pree
DATE: June 4, 2019

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

Michael Esquivel Correctional Officer Tiengkham Singanonh
Sheriff's Department v
Rodriguez, et al.
Nidia Sanchez Correctional Officer
Sheriff's Department

Joe Rodriguez Correctional Officer
Sheriff's Department

Brian Pree Correctional Officer
Sheriff's Department
REPORT
Description:

Claimant alleges excessive force while incarcerated in the Fresno County Jail that resulted in bodily injuries as well as neglecting medical treatment for the claimant, which is the proximate cause of the claimant's injuries.

Fresno County Claim No.: 10075
Eastern District Court Case No.: 1:18-CV-00590-AWI-EPG
Claimant: Tiengkham Singanonh

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...

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