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File #: 20-1190    Name: Request to Defend Public Officers or Employees
In control: Human Resources
On agenda: 11/3/2020 Final action: 11/3/2020
Enactment date: Enactment #: Agreement No. 20-437, Agreement No. 20-438, Agreement No. 20-439, Agreement No. 20-440, Agreement No. 20-441
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 James Dunn Sheriff's Sergeant Veronica Gonzalez Sheriff's Department v Courtney Bush Deputy Sheriff III County of Fresno, et al. Sheriff's Department Colleen Santos Deputy Sheriff III Sheriff's Department Isaac Cervantes Deputy Sheriff III Sheriff's Department Jeffrey Morse Deputy Sheriff III Sheriff's Department
Attachments: 1. Agenda Item, 2. Agreement A-20-437 to Defend James Dunn, 3. Agreement A-20-438 to Defend Courtney Bush, 4. Agreement A-20-439 to Defend Colleen Santos, 5. Agreement A-20-440 to Defend Isaac Cervantes, 6. Agreement A-20-441 to Defend Jeffrey Morse, 7. Exhibit A Indemnification
DATE: November 3, 2020

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

James Dunn Sheriff's Sergeant Veronica Gonzalez
Sheriff's Department v
Courtney Bush Deputy Sheriff III County of Fresno, et al.
Sheriff's Department
Colleen Santos Deputy Sheriff III
Sheriff's Department
Isaac Cervantes Deputy Sheriff III
Sheriff's Department
Jeffrey Morse Deputy Sheriff III
Sheriff's Department


REPORT
Description:

The claimants allege they were falsely arrested and detained without probable cause which resulted in bodily injuries to the claimants as well as emotional distress from the shooting of their dog, Scooby, which was the proximate cause of the claimants' injuries/damages.

Fresno County Claim No.: 9922
Fresno County Superior Court Case No.: 18CECG03672
Claimant: Veronica Gonzalez, et al.

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:

There is no increase in Net County Cost associated with the recommended action. Funds to finance the cost of defense are contained in the Department's Org 8925, 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...

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