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Orange County board reports several closed-session settlements, delegates settlement authority

Orange County Board (closed session report) · August 27, 2024
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Summary

In a closed-session report, counsel said the Orange County board approved delegations of settlement authority and proposed payouts in several cases, including a $244,858.50 workers' compensation settlement; some items required final approval by other offices and several matters had no reportable action.

The Orange County board reported on closed-session actions taken July 23, saying it approved delegations of limited settlement authority and proposed payouts in several legal matters while taking no reportable action on other items.

Counsel to the board read the actions aloud, telling the board the board "approved the delegation of limited settlement authority to risk management" to resolve Marcus Rodriguez et al. v. County of Orange, a civil-rights case that, according to counsel, alleges false arrest, excessive force and civil-rights violations by deputy sheriff personnel involved in an investigation of crimes allegedly committed by the plaintiff's son. Counsel said that vote was "4 to 0 with Supervisor Doe absent."

Counsel also said the board approved delegation of limited settlement authority in Peter Cunningham v. County of Orange, an automobile-accident claim asserting a dangerous condition on Live Oak Canyon Road in Trabuku Canyon; that vote was "4 to 0 with Brezdow absent," counsel said.

In the matter of Saeed Raza Hussein v. County of Orange — described by counsel as an officer-involved-shooting case that alleges unlawful search and seizure, unlawful detention and arrest, battery, negligence and violations of the Bane Act (the transcript reads "Bain Act") — counsel reported the board approved a proposed settlement on a vote of "4 to 0 with Sue Reza Doe absent." Counsel said that final approval of the settlement requires other signoffs and that copies of the settlement agreement will be made available to the office of CEO risk management "to any person who inquires."

Counsel reported a proposed $244,858.50 settlement in Stuart Rawlings v. County of Orange, a workers' compensation matter involving an Orange County Sheriff's Department sergeant who retired after 30 years and alleged cumulative trauma to his back, right shoulder and cardiovascular system. Counsel said that approval was "4 to 0 with 0 absent" and that the settlement requires final approval by other entities before copies become public.

Counsel said the Catholic Worker matter (SCS 7) and two other items (SCS 1 and SCS 2) resulted in no reportable action by the board. Counsel also reported that, in Damon Tucker v. County of Orange (case no. 30-2021-01200119), a district attorney investigator-plaintiff had accepted a board counter-offer previously approved as part of a closed-session item; that settlement likewise requires final approvals and will be made available when finalized.

The report repeatedly noted that the settlements and delegations "require the final approval of others" and that copies will be made available to risk-management or CEO risk-management offices on request once finalized. After counsel finished, the chair adjourned the meeting and said the board will return Sept. 10.

The closed-session report did not include mover/second language or roll-call names beyond the vote tallies counsel read aloud; counsel identified the relevant government-code sections authorizing the closed session as 54957, 54957.6 and 54956.9.