HomeMy WebLinkAboutRESOLUTIONS - 04121988 - 88-188 TO BOARD OF SUPERVISORS 1-037
FROM: Victor J. Westman, County Counsel *
DATE: March 31, 1988 Costa
COAY
SUBJECT: Settlement Agreement With Beverly Portillo
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AM JUSTIFICATION
RECOMMENDATION: RESOLUTION NO. 88/188
Approve additional position of Clerk-Specialist (D-Level) in the
District Attorney' s Office as part of the settlement agreement in
the cases of Sherwood, et al. v. County No. 271135 and Sherwood,
et al. v. County, et al. No C 87-4923 SAW, and authorize Chairman
to execute settlement agreement with the Beverly Portillo on
behalf of the County.
FINANCIAL IMPACT:
Cost of the County' s share of the settlement agreement and of the
additional position.
REASONS FOR RECOMMENDATION/BACKGROUND:
As a result of the United States Supreme Court' s 1986 decision in
Chicago Teachers Union v. Hudson there is now a serious question
whether actions taken in 1984 concerning the plaintiffs in the
, above-referenced cases can now be successfully defended.
Because of the uncertainty of how the courts will rule on the
issues raised by the plaintiffs, the County Counsel recommends
that the settlement agreement be approved and that the actions
necessary to implement the settlement agreement be authorized in
order to avoid the risk of an award of substantial damages to Ms.
Portillo. The County has settled with all plaintiffs except Ms.
Portillo. This settlement has been approved by the County Ad-
ministrator and the Personnel Department. It is this office 's
understanding that the first subsequent vacant clerical position
in the District Attorney' s office will be cancelled.
EVL:c
CONTINUED ON ATTACHMENT: - VES
SIGNATURE' ,�
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BO RD•C`DMMITTEE
APPROVE OTHER
SIGNATUREISI:
ACTION OF BOARD ON � AP�j �1_91�9
_� �APPROVED AS RECC_NE:NDED X
OTHER
VOTE OF SUPERVISORS
X UNAP41MOLJS (ABSENT I HERESY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator County Counsel ATTESTED April 12 , 1988
Director of Personnel
District Attorney PHIL BATCHELOR, CLERK OF THE BOARD OF
Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
M382/7-83 BY
-.DEPUTY