(a) This section is intended to establish a procedure for processing claims for punitive or exemplary damages and is not intended to in any way alter the substantive laws applicable to payment of such damages by the County of San Diego. This section shall not entitle claimant to any civil remedies not otherwise provided by law.
(b) All County employees making a claim for payment by the County of punitive or exemplary damages pursuant to subdivision (b) of Government Code section 825 shall file such claims with the County Counsel Claims Office. These claims constitute claims by public employees for other expenses or claims for principal or interest on evidences of indebtedness which are excepted by Government Code section 905 from the claims procedure provided in the Government Code. These claims shall be governed exclusively by this section 159.2.
(c) Any claim for payment by the County of punitive or exemplary damages, including the written authorization for release of records described under subdivision (c), shall be filed with the County Counsel Claims Office on a form prescribed by the County Counsel (hereinafter the "claim form"). The claim form shall be filed not later than six months from the date that the judgment awarding such punitive or exemplary damages is final, or six months from the date notification of the judgment was sent to claimant, whichever is later.
Failure to submit the required claim form, including a written authorization for release of confidential personnel records described under subdivision (c), within the time specified shall constitute an incomplete claim under this section, and shall result in an automatic denial of payment by the County of the requested punitive or exemplary damages.
(d) The claim form for the payment of punitive or exemplary damages must include an authorization for the release of confidential personnel records. In executing the authorization for release of personnel records included in the claim form, the claimant shall authorize the release of his confidential personnel records to members of the Board of Supervisors and the Chief Administrative Officer relating to the following personnel records of claimant:
1. All materials regarding the incident giving rise to the judgment for punitive or exemplary damages;
2. All performance evaluations;
3. A complete list of discipline imposed on claimant, including the charges giving rise to the discipline;
4. For those departments employing peace officers, a list of internal affairs investigations of complaints against the claimant setting forth only the following information:
a) Date of complaint;
b) Nature of the complaint;
c) Disposition of the complaint;
d) Discipline imposed, if any.
(e) The Board of Supervisors shall consider the claim and determine whether or not to grant the request for payment of punitive or exemplary damages. The decision of the Board to deny the claim or to grant the claim in whole or in part shall be final.
(Added by Ord. No. 8971 (N.S.), effective 10-27-98; amended by Ord. No. 10108 (N.S.), effective 2-10-11; amended by Ord. No. 10873 (N.S.), effective 1-4-24)