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Orange County reports interim CEO appointment, multiple settlements and intervention in veteran‑cemetery lawsuit

Orange County Board of Supervisors · September 10, 2024
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Summary

County counsel told the Board of Supervisors the board appointed Chief Financial Officer Michelle Aguirre as interim county executive officer (4–0, Supervisor Doe absent), approved or authorized settlements including a proposed $365,000 dog‑bite settlement and a $125,000 civil‑rights counteroffer, and directed county counsel to intervene in a CEQA challenge to a veteran cemetery in Gypsum Canyon.

County counsel delivered the closed‑session report, saying the board appointed Chief Financial Officer Michelle Aguirre as interim county executive officer on a 4–0 vote with Supervisor Doe absent. Counsel said Aguirre "will execute the standard agreement required of all county executives."

Counsel reported the board approved a proposed $365,000 settlement in Sandra Atkinson v. County of Orange, describing the plaintiff as the wife of an Orange County Sheriff's Department canine deputy who was bitten at home and suffered an 8‑centimeter laceration to her face. Counsel also said a separate matter, Marcus Rodriguez III et al v. County of Orange et al, was reportedly resolved when the plaintiff accepted a $125,000 counteroffer; both settlements remain subject to final approvals and copies will be made available to the office of CEO risk management once finalized, counsel said.

Counsel told the board it authorized and directed county counsel to intervene on behalf of the county in Build the Great Park Veteran Cemetery et al v. City of Anaheim et al (Orange County Superior Court No. 30‑2024‑01420506), a California Environmental Quality Act challenge to the city of Anaheim's approval of a county‑funded veteran cemetery project in Gypsum Canyon. Counsel noted that, on Dec. 4, 2018, the county approved the transfer of roughly 283 acres to the Orange County Cemetery District for use as a public cemetery, with half the usable acreage to be set aside for a state veterans cemetery, and that the county retains a reversionary interest if the land is not used for cemetery purposes within 10 years.

Counsel also described a tragic case identified in the report as IH et al. v. County of Orange in which a roughly 3½‑month‑old juvenile dependent suffered asphyxiation while in the care of a relative, resulting in severe brain damage and the loss of bodily functions. The board previously agreed on May 21, 2024 to allocate the county's $5,000,000 self‑insured retention toward settlement; counsel said the balance—approximately $23,000,000—would be covered by the county's external insurance carrier.

Counsel closed the report by noting the board took no other reportable action in closed session that day and that finalized settlement agreements will be made available to the office of CEO risk management to any person who inquires.