HomeMy WebLinkAboutMINUTES - 05031994 - 1.24 �.ay
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Kevin T. Kerr, Deputy County Counsel
DATE: May 3, 1994
SUBJECT: Settlement of Litigation - Basco v. Board of Supervisors (Contra Costa
Superior Court No. C94-00777)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
DIRECT that the above subject litigation be settled as follows :
provide the petitioner with a new General Assistance hearing and
restore one month of General Assistance aid, provided the
petitioner dismisses the petition for writ of mandate with
prejudice and waives attorneys ' fees and all costs .
AUTHORIZE the County Counsel or his designee to execute a
settlement agreement on behalf of the Board of Supervisors .
BACKGROUND
The petitioner filed a petition for writ of administrative mandamus
on February 18, 1994, challenging the Board of Supervisor' s
decision to uphold a sanction against the petitioner in the General
Assistance program. The provision. of a new General Assistance
hearing by the Social Service Department will allow the petitioner
another opportunity to have the proposed sanction overturned. The
County will not be required to prepare an administrative record if
the litigation is resolved.
CONTINUED ON ATTACHMENT: YES SIGNATURE1"7-
RECOMMENDATION
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON "1,rn APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED�„ -3 , 19 9 4-
PHIL BAT ELR, C ERK OF
THE BOARD OF SUPERVISORS
AN/D� COUNTY ADMINISTRATOR
BYto e 1 I��I , DEPUTY
Contact: Kevin Kerr, Deputy County Counsel (646-2066)
Orig: County Counsel ' s Office
cc: Social Service Department