DATE: May 9, 2023
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Settlement Agreement and Release - Teng Mua
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a Settlement Agreement and Release to fully resolve the claims by Teng Mua (Claimant) related to his previous employment with the County of Fresno, for a settlement sum of $80,081.
REPORT
Approval of the recommended action will result in the execution of a Settlement Agreement and Release, which will fully resolve the claims Claimant may assert against the County up to and including the date the agreement is signed by the Chairman. In exchange for this release, the County would pay a total settlement amount of $80,081 to Claimant. This item is countywide.
ALTERNATIVE ACTION(S):
If the Board does not approve the Recommended Action, Claimant would not release his claims against the County and could pursue those claims through litigation.
FISCAL IMPACT:
Under the recommended Settlement Agreement and Release, the County would pay $80,081 to Claimant. There are sufficient appropriations for this payment in the Department of Social Services FY 2022-23 Adopted Budget Org 56107001, Fund 0001, Subclass 10000, Account 7295.
DISCUSSION:
During and after his employment with the County's Department of Social Services, Claimant filed several claims against the County with the federal Equal Opportunity Employment Commission and the California Department of Fair Employment and Housing (since renamed the "California Civil Rights Department") alleging discrimination on the bases of medical condition and race, retaliation, and failure to accommodate his disability. In exchange for the settlement sum of $80,081, Claimant waives and releases all legal claims against the County and its employees and officers. The Settlement Agreement provides that nothing in it shall be deemed as an admission of any kind by or to either party.
ATTACHMENTS INCLUDED AND/...
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