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File #: 19-1219    Version: 1 Name: Request to Defend Public Officer(s) or Employee(s)
Type: Agenda Item Status: Approved
File created: 9/3/2019 In control: Human Resources
On agenda: 10/8/2019 Final action: 10/8/2019
Enactment date: Enactment #: Agreement No. 19-519, Agreement No. 19-520
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 Position Title of Action Brian Erickson Deputy Sheriff III Dennis Maric Sheriff/Coroner v Michael Hernandez Deputy Sheriff County of Fresno, et al. Sheriff/Coroner
Attachments: 1. Agenda Item, 2. Agreement A-19-519 to Defend Brian Erickson, 3. Agreement A-19-520 to Defend Michael Hernandez
DATE: October 8, 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
Position
Title of Action
Brian Erickson
Deputy Sheriff III
Dennis Maric

Sheriff/Coroner
v
Michael Hernandez
Deputy Sheriff
County of Fresno, et al.

Sheriff/Coroner

REPORT
Description:

Claimant alleges Civil rights violation, which is the proximate cause of the claimant's injuries/damages.

Fresno County Claim No.: 10126
Eastern District Court Case No.: 1:19-CV-00775-DAD-EPG
Claimant: Dennis Maric

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 Brian Erickson
On file with Clerk - Agreement to Defend Michael Hernandez

CAO ANALYST:

D...

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