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TY OF FRESNO I
"iO, CALIFORNIA
Agreement No. 16-622
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE
WHEREAS , the undersigned officer or employee is a party defendant in th
following action:
NAME OF CASE : Dustin Callison v Corizon Healthcare
ACTION NO .: 16CECG01663 COURT: Fresno County Superior Court of California
WHEREAS , the said officer or employee claims that the said action has arisen ou
of alleged acts or omissions which , if they occurred at all , occurred within the course and scop
of his employment as an officer or employee of the County of Fresno or of a Judicial Distric
thereof and were not the result of fraud , corruption or malice; and
WHEREAS , the said officer or employee has requested that the County of Fresn
undertake his defense in said action pursuant to Article 4 (commencing with section 825),
Chapter 1, Part 2 , Division 3 .6 of Title 1 of the Government Code and said County is willing t
conduct said defense subject to a reservation of its rights to the full extent permitted in said
provision of the Government Code.
NOW, THEREFORE , it is mutually agreed by and between the County of Fresn
and the undersigned officer or employee that the County of Fresno will undertake the defense o
said officer or employee in the aforesaid action subject to reservation by the County of Fresno o
its rights to the full extent to which a public entity is permitted to reserve its rights in defending
public officer or employee under Article 4 (commencing with Section 825) Chapter 1, Part 2,
Division 3.6 of Title 1 of the Government Code . A copy of said provisions of the Governmen
Code is marked Exhibit "A" attached hereto and is by this reference made a part hereof.
Dated this ~day of JD , ~in the County of
Fresno , State of California.
APPROVEDASTOLEGALFORM
DANIEL CEDERBORG ,
COUNTY COUNSEL
By •~~ eputY
ATIEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By -~1 >.SArN &;:b
Deputy Of>
COUNTY OF FRESNO
By:~~ 1 4__.
Chairman , Board of slli?e isors
By:
EXHIBIT "A"
ARTICLE 4. INDEMNIFICATION OF PUBLIC EMPLOYEES
825 . Duty of public entity to pay judgement , compromise, or settlement.
. (a~ Except as o~herwise provi?ed in this ~ection. if_an em~loyee or former employee of a public entity r uests
the_ p~bhc en~ to d~:nd h1m or her a_gamst any cla1m or action agamst him or her for an injury arising out of a~ct or
O":JI_Sslon occumng withm the scope of h1s or her employment as an employee of the public entity and the request is made in
w:'tm_g not less than 1 0 days ~re th: day of trial,. and the employee or former employee reasonably cooperates in good
faith m the defense . of the ~arm or a~on, the public entity shall pay any judgment based thereon or any compromise or
settlement of the clarm or action to wh1ch the public entity has agreed .
If the public en~ty conduct~ the defense_ of an_ employee or former employee against any claim or action with his
or her reasonable g~d-faith ~peratic:n . the pubh~ entity shall pay any judgment based thereon or any compromise or
settlement of the cla1m or action to _wh1ch the pubhc entity has agreed. However, where the public entity conducted the
det:nse pursuant to an _agreement with the :n:~loyee o~ former employee reserving the rights of the public entity not to pay
the JUdgment, ~mpromrse, or settlement until it IS established that the injury arose out of an act or omission occurring within
the sco~ of hrs or her emplo~:n~ as an ~mployee of tJ:~ public entity, the public entity is required to pay the judgment,
comprom1se, or settlement only if 1t IS estabhsh~d th~t the rnJ~ry ~ros: out of an act or omission occurring in the scope of his
or her employment as an employee of the pubhc entity. Nothrng 1n th1s section authorizes a public entity to pay that part of a
claim or judgment that is for punitive or exemplary damages. -
. (b) _Notwiths~~ding subdivision (a) or an~ other provis!on of law, a public entity is authorized to pay that part of
a JUdgrr:ent that _1s for punitive or exemplary damages if the govern1ng body of that public entity, acting in its sole discretion
except m cases rnvolvmg an entity of the state government, finds all of the following:
{1)_ The judgment is based on an act or omission of an employee or former employee acting within the course
and scope of h1s or her employment as an employee of the public entity.
. {~) At the time o~ the act_ giving rise to the liability, the employee or former employee acted , or failed to act, in
good faith, Without actual mahce and rn the apparent best interests of the public entity.
(3) Payment of the claim or judgment would be in the best interests of the public entity.
· As used in this subdivision with respect to an entity of state government, "a decision of the governing body"
means the approval of the Legislature for payment of that part of a judgment that is for punitive damages o r exemplary
damages, upon recommendation of the appointing power of the employee or former employee, based upon the finding by
the Legislature and the appointing authority of the existence of the three conditions for payment of a punitive or exemplary
damages claim . The provisions of subdivision (a) of Section 965.6 shall apply to the payment of any claim pursuant to
this subdivision .
The discovery of the assets of a public entity and the introduction of evidence of the assets of a public entity
shall not be permitted in an action in which it is alleged that a public employee is liable for punitive or exemplary damages.
The possibility that a public entity may pay that part of a judgment that is for punitive damages shall not be
disclosed in any trial in which it is alleged that a public employee is liable for punitive or exemplary damages, and that
disclosure shall be grounds for a mistrial.
(c) Except as provided in subdivision_(d), if the provisions of this section are in conflict with the provisions of a
memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Trtle 1, the
memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a
memorandum of understanding require the expenditure of funds , the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
(d) The subject of payment of punitive damages pursuant to this section or any other provision of law shall not be
a subject of meet and confer under the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Trtle 1 , or
pursuant to any other law or authority.
(e) Nothing in this section shall affect the provis ions of Section 818 prohibiting the award of punitive damages
against a public entity. This section shall not be construed as a waiver of a public entity's immunity from liability for punitive
damages under Section 1981, 1983, or 1985 of Trtle 42 of the United States Code.
(f) (1) Except as provided in paragraph (2), a public entity shall not pay a judgment, compromise, or settlement
arising from a claim or action against an elected official, if the claim or action is based on conduct by the elected official by
way of tortiously intervening or attempting to intervene in, or by way of tortiously influencing or attempting to influence the
outcome of, any judicial action or proceeding for the benefit of a particular party by contacting the trial judge or any
commissioner, court-appointed arbitrator, court-appointed mediator, or court-appointed special referee assigned to the
matter. or the court clerk , bailiff, or marshal after an action has been filed . unless he or she was counsel of record acting
lawfully within the scope of his or her employment on behalf of that party. Notwithstanding Section 825.6 , if a public entity
conducted the· defense of an elected official against such a claim or action and the elected official is found liable by the trier
of fact, the court shall order the elected official to pay to the public entity the cost of that defense.
(2) If an elected official is held liable for monetary damages in the action , the plaintiff shall first seek recovery of
the judgment against the assets of the elected officia l. If the elected official's assets are insufficient to satisfy the tota l
j udgment, as determined by the court . the public entity may pay the deficiency if the public entity is authorized by law to pay
that judgment.
(3) To the extent the public entity pays any portion of the judgment or is entitled to reimbursement of defense
~osts pursuan~ to paragra~h (1 ), the public entny shall pursue all available creditor's remedies against the elected official,
mdudmg garnishment, until that party has fully re1mbursed the public entity.
(4) This subdivision shall not apply to any criminal or civil enforcement action brought in the name of the people
of the State of California by an elected district attorney, city attorney , or attorney general.
. 8~5 .2. _(a) Subject to ~ubdivision (b), if an employee or former employee of a public entity pays any claim or
JUdgment aga1nst h1m, or any port1on thereof, that the public entity is required to pay under Section 825, he is entitled to
recover the amount of such payment from the public entity.
(b) If the public entity did not conduct his defense against the action or claim, or if the public entity conducted
such defense pursu~nt to. an agreement with him reserving the rights of the public entity against him, an employee or former
employee of a public entity may recover from the public entity under subdivision (a) only if he establishes that the act or
omission upon which the claim or judgment is based occurred within the scope of his employment as an employee of the
public entity and the public entity fails to establish that he acted or failed to act because of actual fraud, corruption or actual
malice or that he willfully failed or refused to conduct the defense of the claim or action in good faith or to reasonably
cooperate in good faith in the defense conducted by the public entity.
(c) If the provisions of this section are in conflict with the provis ions of a memorandum of understanding reached
pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 , the memorandum of understanding shall be
controlling without further legislative action, except that if such provisions of a memorandum of understanding require the
expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act .
825.4 . Except as provided in Section 825.6, if a public entity pays any claim or judgment against itself or against
an employee or former employee of the public entity, or any portion thereof, for an injury arising out of an act or omission of
the employee or former employee of the public entity, he is not liable to indemnify the public entity.
825 .6 . (a) (1) Except as provided in subdivision (b), if a public entity pays any claim or judgment, or any portion
thereof, either against itself or against an employee or former employee of the public entity, for an injury arising out of an act
or omission of the employee or former employee of the public entity, the public entity may recover from the employee or
former employee the amount of that payment if he or she acted or failed to act because of actual fraud, corruption , or actual
malice, or willfully failed or refused to conduct the defense of the claim or action in good faith. Except as provided in
paragraph (2) or (3), a public entity may not recover any payments made upon a judgment or claim against an employee or
former employee if the public entity conducted his or her defense against the action or claim .
(2) If a public entity pays any claim or judgment, or any portion thereof, against an employee or former employee
of the public entity for an injury arising out of his or her act or omission , and if the public entity conducted his or her defense
against the claim or action pursuant to an agreement with him or her reserving the rights of the public -entity against him or
her, the public entity may recover the amount of the payment from him or her unless he or she establishes that the act or
omission upon which the claim or judgment is based occurred within the scope of his or her employment as an employee of
the public entity and the public entity fails to establish that he or she acted or failed to act because of actual fraud, corruption,
or actual malice or that he or she willfully failed or refused to reasonably cooperate in good faith in the defense conducted by
the public entity .
(3) If a public entity pays any cla im or judgment, or any portion thereof, against an employee or former employee
of the public entity for an injury arising out of his or her act or omission, and if the public entity conducted the defense against
the claim or action in the absence of an agreement with him or her reserving the rights of the public entity against him or her.
the public entity may recover the amount of that payment from him or her if he or she willfully failed or refused to reasonably
cooperate in good faith in the defense conducted by the public entity.
(b) (1) Upon a felony conviction for a violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504 ,
or 518 of the Penal Code, by an elected official or former elected official of a public entity for an act or omission of that
person while in office, the elected official or former elected official shall forfeit any rights to defense or indemnification under
Section 825 with respect to a claim for damages for an injury arising from that act or omission .
(2) If a public entity pays any clai m or judgment, or any portion thereof. either against itself or against an elected
official or former elected official of the public entity, for an injury arising out of an act or omission of the elected official or
former elected official of the public entity, which act or omission constituted a felony violation of Section 1195 of this code , or
of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, the public entity shall recover from the elected official or former
elected official the amount of that payment upon the felony conviction of the elected official or former elected official for that
act or omission . Upon that conviction, the public entity shall also recover from the elected official the costs of any defense to
a civil action filed against the elected official for that act or omission .
(c) If the provisions of this section are in conflict with the provisions of a memorandum of understandi_ng reached
pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Trtle 1, the memorandum of understanding shall be
controlling without further legislative action , except that if the provisions of a memorandum of understanding require the
expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
Rev . May 2004