HomeMy WebLinkAboutMINUTES - 05101994 - 1.16 TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
Costa
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DATE: May 3, 1994 ' County
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SUBJECT: LEGISLATION: SB 1790 (Johannessen)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to SB, '1790 by Senator Maurice
Johannessen, which would eliminate immunity from civil liability
for public employees responsible for initiating investigations
pursuant to the juvenile court law when their act or omission
constituted an abuse of discretion.
BACKGROUND:
Under current law, public employees are generally not liable for an
injury resulting from the employee' s act or omission where the act
or omission was the result of the. exercise of discretion, whether-
or not that discretion was abused. :
Senator Johannessen has. introduced SB 1790 which would eliminate
that exemption for employees, such as deputy probation officers,
and social workers, who are ..responsible for initiating
investigations or proceedings pursuant to the juvenile court law
dealing with delinquents, wards and dependent children of the
court, -where the act or omission constituted an abuse of
discretion.
Enactment of 'SB 1790 would lead to constant battles in court over
whether an employee' s actions constituted an abuse of discretion.
0
It would tend to make employees reluctant to exercise their
discretion for fear of being sued by a parent or other involved
party.. These employees must have the freedom to act in accordance
with their professional .judgment and not constantly be subject to
liability for their actions or, at the minimum, subject to being
sued to determine whether they abused their discretion.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,!
APPROVE OTHER
t
SIGNATURE(S):
ACTION OF BOARD ON May 10, 1994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT' ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOJW�N•
ATTESTED v
Contact: PHIL BATCHELO ,CLERK OF THE BOARD OF
Cc: See Page Z SUPERVISORS AND COUNTY ADMINISTRATOR
BY -_lo Lk 0 6,g J DEPUTY
-2-
Henry Clarke, General Manager of Local 1 recommends that the Board
of Supervisors oppose SB 1790 and this office concurs with that
recommendation.
cc: Henry Clarke, General Manager
Public Employees Union, Local 1
P.O. Box 222
Martinez, CA 94553
County Counsel
Risk Management
County Probation Officer
Social Services Director
Les Spahnn, Heim, Noack & Spahnn
Contra Costa County Employees Association
C Z
• O MAILING ADDRESS — P.O. Dox 222 MARTINEZ, CA 94553
%, J2 UNION HALL — 5034 DLUM ROAD,MARTINEZ, CA 94553
FMpLOIN PHONE (415) 228-1600
a CONTRA COSTA COUNTY
RECEIVED
March 24, 1994
Mr. Phil Batchelor
MAR ? 4 1994
Contra Costa County
County Administrator OFFICE OF
651 Pine Street, 11 th Floor COUNTY ADMINISTRATOR
Martinez, California 94553
Attention: Claude Van Marter, Assistant County Administrator
Dear Mr. Batchelor:
am sending you a copy of a proposed piece of legislation introduced by Senator
Johannessen, which I believe the Board of Supervisors should take a position to
oppose.
In effect, the legislation, Senate.Bill No. 1790, would "provide that public employees
responsible for initiating investigations or proceedings pursuant to the juvenile court
law, are liable.for injuries resulting from an act or omission constituting an abuse of
discretion."
As I am sure you are well aware, the existing law exempts such public employees
from liability for an injury resulting from his or her act or omission where it was the
result of the exercise of his or her discretion, whether or not that discretion was
abused. This would obviously make all deputy probation officers and group
counsellors liable for their acts.
am sure that the Board of Supervisors would oppose this proposed legislation.
Sincerely,
CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL ONE
Henr . Clarke
A4U1--_
Ge ral Manager
HLC:omm
Enclosure
Cc: Jere Copeland
Jacque Salvador
John Stallsmith
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1941
.. SENATE BILL No. 1790
Introduced by Senator Johannessen
February 24, 1994
An act to add Section 820.21 to the Government Code,
relating to liability.
LEGISLATIVE COUNSEL'S DIGEST'
SB 1790, as introduced,Johannessen. Tort liability: public
employees.
(1) Existing law provides generally that public employees
are not liable for an injury resulting from his or her act or
omission where it was the result of the exercise of his or her
discretion, whether or not that discretion was abused.
This bill would provide that public employees responsible
for initiating investigations or proceedings pursuant..to the
juvenile court law.are liable for iniuries-resulting from an act
cir omission constituting an abuse of discr .tion.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
I SECTION I. Section 820.21 is added to the
2 Government Code; to read:
3 820.21. Notwithstanding Section 820.2, a public
4 employee responsible for initiating investigations or
5 proceedings pursuant to Chapter 2 (commencing with
6 Section 200) of Part I of Division 2 of the Welfare and
7 Institutions Code is liable for an injury resulting from his
8 or her act or omission where the act or omission
9 constituted an abuse of discretion.
O
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