File #: 22-1167    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 8/26/2022 In control: County Administrative Office
On agenda: 8/30/2022 Final action: 8/30/2022
Title: Approval of Settlement Agreement with the State Controller Regarding Case CV2200584 The People vs. Karen Paz Dominguez and the County of Humboldt
Attachments: 1. Staff Report, 2. Settlement Agreement.pdf, 3. Action Plan and Milestones.pdf, 4. SCO Lawsuit Against Auditor Controller and the County.pdf, 5. Settlement Agreement Signed by the Board Chair.pdf

To: Board of Supervisors

From: County Administrative Office

Agenda Section: Consent

SUBJECT:
title
Approval of Settlement Agreement with the State Controller Regarding Case CV2200584 The People vs. Karen Paz Dominguez and the County of Humboldt
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the settlement agreement with the State Controller Regarding Case CV2200584 The People vs. Karen Paz Dominguez and the County of Humboldt; and
2. Authorize the Chair of the Board to sign the settlement agreement.

Body
SOURCE OF FUNDING:
General Fund and Liability Fund

DISCUSSION:
On May 2, 2022, your Board was served with a Complaint for Failure to Comply With Financial Reporting Requirements, and petition for writ of mandamus, wherein the State of California filed suit against Karen Paz Dominguez, in her personal capacity, and in her official Capacity as the Auditor-Controller for the County of Humboldt, and the County of Humboldt. Since that time, as authorized by your Board, staff and legal counsel have been negotiating settlement terms with the state.
Settlement terms are as follows:
1. Within 14 days of full execution of this agreement, plaintiffs will file a dismissal without prejudice. The parties agree that the dismissal will request that Humboldt County Superior Court retain jurisdiction under California Code of Civil Procedure section 664.6 for the purpose of enforcing this agreement.
2. On Aug. 10, 2022, the parties negotiated a detailed action plan that includes milestones for filing county's overdue and currently due adopted budgets and FTRs with SCO. Within 7 days of entry of dismissal, county will provide SCO with an update to the action plan.
3. On Oct. 31, 2022, Jan. 31, 2023, March 31, 2023, and May 1, 2023, county will provide updates to SCO that demonstrate county's progress toward meeting the milestones set out in their action plan. If county's updates are unsatisfactory to SCO, the parties will, ...

Click here for full text