COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Employee and Public Services Department

 

DATE:

March 22, 2005

BOARD MEETING DATE:

March 29, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Mary Welch, Director of Employee and Public Services

Steven M. Rossi, Risk Manager

SUBJECT:

Disposition of Claims Filed Against County

 

RECOMMENDATION:

Deny the claims listed below.

 

VISION ALIGNMENT:

Commitment: Provide responsive, effective, and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

BACKGROUND:

Under authority of Resolution No. 35006 and Ordinance No. 2321, the Board directed the Director to process claims filed against the County. Further investigation may indicate justification for payment by the County. If so, payment will be made under the authority of the Risk Manager or will be brought back to the Board.

 

DISCUSSION:

The Risk Management Division has reviewed these claims and recommends that you take the following action:

 

Claim #

Claimant

Recommended Board
Action and Basis

 

Claims recommended for denial:

 

M04-017

Baylosis, Aileen

2/23/05 Non-culpable

 

Claimant alleges lost personal property by the pharmacy.

 

G04-069

Echeverria, Jorge

2/6/05 Non-culpable

 

Claimant alleges lost personal property upon his release from jail.

 

G04-081

Fisher, Rudolph

2/2/05 Non-culpable

 

Claimant alleges breach of confidentiality and privacy by jail staff opening his legal mail.

 

G04-072

Huang, Victor

8/13/04 Non-culpable

 

Claimant alleges bodily injury due to a protruding branch on the stump of a tree at the Cypress Golf Course.

 

G04-071

Hughes, Marilyn

12/20/04 Non-culpable

 

Claimant alleges negligence and intentional endangerment of her daughter by the District Attorney's Office have caused her family great pain and suffering.

 

G04-067

Jernigan, Gary V.

12/10/04 Non-culpable

 

Claimant alleges loss of freedom, companionship and infliction of severe emotional distress due to the conspiracy and implementation of an illegal policy to incarcerate offenders by those associated with the BRIDGES Program.

 

G04-067B

Jernigan, Gary V.

12/10/04 Non-culpable

 

Claimant alleges public employees illegally conspired to ensure the failure of Proposition 36 and its offenders to promote their interests both political and financial by denying his rights to personal freedom.

 

G04-067C

Jernigan, Gary V.

12/10/04 Non-culpable

 

Claimant alleges that officials who supervise, prosecute, issue decisions, and are appointed to represent offenders covered by Proposition 36 have conspired to discriminate more against African American probationers who violate a nonviolent drug related condition than White probationers.

 

G04-070

Muxfeldt, David

12/30/04 Non- culpable

 

Claimant alleges while driving northbound on Twin Dolphin Drive, a branch from one of the trees broke the driver side mirror off his car.

 

G04-068

Ouse, Andrea

1/15/05 Non-culpable

 

Claimant alleges while driving her car on Al Teglia Boulevard in Colma, her tire was punctured due to a large pothole in the street.

 

G04-078

Porter, Armail K.

12/6/04 Non-culpable

 

Claimant alleges loss of liberty and intentional infliction of emotional distress due to an illegal conspiracy to discriminate against him.

 

G04-057

Schonfeld, Sidney

11/19/04 Non-culpable

 

Claimant alleges he was overcharged and paid extra property taxes on a yearly basis.

 

G04-076

Williams, Shante

9/04-10/04 Non-culpable

 

Claimant, a former employee, alleges damages for fraudulent misrepresentations to induce the resignation of his employment by the San Mateo County Sheriff's Department.

 

G04-056

Worthy, Rodney James

2/05 Non-culpable

 

Claimant alleges lost personal property upon his arrest.

 

APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM

G03-157

Ramirez, Ana Lilia

6/17/04 No statutory

basis for excuse

 

Claimant requests leave to present a late claim wherein she alleges due to the lack of lighting in the area at 20 Tower Road in San Mateo, she fell and sustained severe injuries.