HomeMy WebLinkAboutRe_ No on item 6 - Treasure Ortiz...redactedFrom:Sandra Ibarra
To:Public Comments (publiccomments@sbcity.org)
Subject:Re: No on item 6 - the Mayor should have to pay out of pocket
Date:Wednesday, April 15, 2020 3:55:45 PM
Usually Treasure Ortiz calls in her comments but not sure she sent this to the public comments email. Please
confirm. Thank you.
Best Regards,
Sandra
> On Apr 10, 2020, at 6:01 PM, Treasure Ortiz > wrote:
>
> Council,
>
> The agenda was posted for the meeting of April 15th and with it a request by the Mayor for City funds to retain an
attorney to fight to mounting claims against him by his former/present employees and a commissioner. In the item
Government Code Section 995 was referenced. However, Government Code section 815.3 provides "an immunity
for the public entity for the intentional tort of elected officials where the immunity applies for the public entity not
named as a co-defendant in the same action. So, unless the elected official and the public entity are named as co-
defendants in the same action, a public entity is not liable to a plaintiff for an intentional tort committed by an
elected official, employed by or otherwise representing the public entity. The term intentional tort includes, but is
not limited to, harassment, sexual battery, and intentional infliction of emotional distress. The public entity may be
liable to pay the judgment even if the intentional tort did not arise out of the performance of the elected official’s
duties but, plaintiff must first try to collect the judgment from the elected official and if insufficient, plaintiff may
then seek collection from the public entity."
>
> John has been solely named and harrassment, either sexual or otherwise along with the intentional infliction of
emotional distress as claimed are not within the scope of his employment or office and therefore are not covered by
Government Code 995.
>
> John Valdivia should be required to pay for his defense and any judgments out of his pocket first. I implore you
not to allow taxpayer money to be wasted on him any further.
>
> Thank you,
>
> Treasure Ortiz
>