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 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 Michael Esquivel with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Nidia Sanchez with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Joe Rodriguez with Exhibit “A” Article 4. Indemnification of Public Employees
On file with Clerk - Agreement to Defend Public Officer(s) or Employee(s) for Brian Pree with Exhibit “A” Article 4. Indemnification of Public Employees
CAO ANALYST:
Debbie Paolinelli