HomeMy WebLinkAboutMINUTES - 06111985 - 1.23 TO: BOARD OF SUPERVISORS
Contra
FROM:
Phil Batchelor, County Administrator
Costa
DATE: County
June 5 , 1985
SUBJECT:Legislation: SB 969 (Robbins)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in support of SB 969 by Senator Robbins which
would authorize a local government to pay punitive damages for an
employee under specified circumstances.
BACKGROUND:
Under current law, a local government is not liable for punitive
damages that may be assessed against a public employee and is not
authorized to pay the part of the judgment or claim that is for
punitive damages.
On June 4, 1985 , the Board referred to this office a letter from
the Deputy Sheriffs ' Association asking that the Board endorse SB
969. SB 969 provides that a local government agency is
authorized to pay that part of a claim or judgment that is for
punitive or exemplary damages if the governing body of the local
agency adopts all of the following findings:
1. That the claim or judgment is based on an act, or
omission of an employee, or former employee, acting
within the scope of his or her employment;
2. That the employee, or former employee, acted, or failed
to act, in good faith without actual malice and in the
apparent best interests of the public agency;
3 . That payment of the claim or judgment would be in the
best interests of the public agency.
Inasmuch as SB 969 leaves the decision to the discretion of the
governing board, in this case the Board of Supervisors, and since
it does not authorize payments in a case where an employee may
have acted with malice or contrary to the best interests of the
agency, it seems appropriate for the Board to support SB 969.
The bill passed the Senate Judiciary Committee by a vote of 8:0
on May 14, and is presently on third reading on the Senate floor.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
_APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 11 , 1 985 APPROVED AS RECOMMENDED _2r— OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED //,
Deputy Sheriffs ' Assoc. �f'
Senators Dan Boatwright, PI"10' BATCHELOR, CLERK OF THE BOARD OF
Nicholas Petris, Alan Robbins SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-98 BY � � DEPUTY